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SHRI B. MAHTAB (CUTTACK): Mr. Chairman, Sir I stand here to discuss about the repeal of POTA Bill, 2004 and the UAPA Bill, 2004 which is the abbreviation of Unlawful Activities (Prevention) Amendment Bill.

MR. CHAIRMAN : Mr. Mahtab, you have five minutes before you.

SHRI B. MAHTAB : Sir, I need some more minutes because we are dealing with two important Bills.

The UPA was committed to repeal POTA and it had included it in the Common Minimum Programme. Let us not forget that the Act was enacted to tackle terrorism. But it had become an instrument in the hands of some Chief Ministers to settle scores with their political opponents. Ironically the NDA Government was unable to check the abuse of POTA as the Act, though enacted by Parliament, is implemented by the State Government. In order to prevent its misuse, a Central Review Committee was constituted after some time. It is the possibility of misuse of the provisions of the Act that is its main weakness.

MR. CHAIRMAN: Mr. Mahtab, the BAC has allotted only four hours for this Bill.

SHRI B. MAHTAB : Sir, I am the only Member of my party who is participating in this discussion.

MR. CHAIRMAN: Mr. Mahtab, the time allotted is only four hours for this Bill, and you have already taken 15 minutes, instead of five minutes allotted to you.

SHRI B. MAHTAB : Sir, you are in the Chair. I need another five minutes.

We had POTA, and before that we had TADA, which not only included special penal provisions, but also special provisions for enforcement.

MR. CHAIRMAN: Hon. Member, your written text can be submitted. Why should you take the House to task?

SHRI B. MAHTAB : The Government must realise that the crux of the problem is… MR. CHAIRMAN: You can very well submit the written text. Why should you take the House to task?

SHRI B. MAHTAB : If you take any anti-terrorist law, the crux of the problem is in its implementation. When we use the word ‘abuse’, it is intentional; when we use the word ‘misuse’, it is unintentional. In the beginning, I had said that this law, POTA, was abused. In that respect, I am to say that it is the Parliament which is enacting this law, but it is the State which is implementing it.

MR. CHAIRMAN: Please conclude.

SHRI B. MAHTAB : I had asked this same question in 2002 to the then Home Minister, today again, my question is - "What steps, corrective measures, have been taken by the Government?"

MR. CHAIRMAN: There should be no further speech. Now, I give the floor to Shri Pawan Kumar Bansal. There is a limit to everything.

SHRI B. MAHTAB : Sir, let me conclude. With these words, my Party and I oppose the repeal of this POTA and also the implementation of this UAPA Bill. We oppose it.