One salutary outcome of the terrorist attacks in Mumbai has been the enactment of much belated, tough anti-terror legislation which is sorely needed because extraordinary times require extraordinary laws. The terrorist threat is real and not a thing of the past. However, one serious reservation I have is about the period of detention up to 180 days. This is constitutionally vulnerable apart from its inconsistency with the International Covenant on Civil and Political Rights 1966 [ICCPR], which India has ratified and which will cause problems before the Human Rights Committee when it takes up India’s report which India is bound to submit under the ICCPR. A serious lacuna in the legislation is the exclusion of admissibility of confessions by the arrestee which to the satisfaction of the Sessions Judge were not the outcome of torture and third degree methods. This will hamper effective prosecution and conviction. This aspect has been dealt with by the Supreme Court in the POTA case and the provision making confessions admissible was upheld. In the absence of such a provision, terrorist Kasab may get away for lack of evidence.

But remember: However tough and comprehensive the law, its enforcement will be ineffective if our police force is not adequately armed, properly equipped and fully trained to combat the terrorists. Police reforms are urgent and the Supreme Court directions in this behalf should be implemented without further delay.

A disturbing fallout has been the divide between the communities which is infecting our polity. In a recent meeting, some 300 real estate brokers in Surat declared that they will not sell or rent houses to Muslim clients. This is reprehensible. It is this divisive mindset which the terrorists wanted to achieve. Whilst eliminating terrorism, we must also eliminate this mentality.

... contd.