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SHRI A. KRISHNASWAMY (SRIPERUMBUDUR): Mr. Chairman, Sir, I thank you very much for the opportunity given to me.

At the outset, on behalf of the DMK Party, I would like to thank this Government for repealing the POTA and for bringing in suitable amendments to the Unlawful Activities (Prevention) Act. The POTA was passed by the NDA Government for preventing the terrorist activities. Many of the Opposition parties opposed the introduction of that Bill at that time because they feared that that Act would be misused. We, the DMK Party, also strongly placed our views saying that POTA would be misused. While replying to the debate, the then Home Minister Shri L.K. Advani promised that POTA would not be misused anywhere in the country against any individual, particularly any political party and political leader. But, unfortunately, POTA was misused by the Jayalalithaa Government and it arrested our then Member of Parliament and MDMK General Secretary Shri Vaiko. He was imprisoned for more than 575 days along with eight others.

… (Interruptions)

SHRI L.K. ADVANI (GANDHINAGAR): I do not propose to participate in the debate as such. I have been listening carefully to the debate on Friday and today, and I would say that the arguments advanced from both sides – whether on this side or on that side-- have been heard earlier also thrice, first, in the Lok Sabha, then in the Rajya Sabha and later in the Joint Session. The sum and substance of it is that because it is abused, therefore, it should be repealed.

I do think that India’s would be a unique case in the whole world where it is universally acknowledged today that the most gravest threat to civilized society and particularly to democracies is terrorism, and the ordinary law in existence in most democracies is inadequate to meet that threat or challenge. Therefore, it was because of this that we, in the earlier Lok Sabha, decided that India must also respond to the general realisation. Even the United Nations Security Council said, there ought to be in all countries special laws against terrorism. We did it. Now, today, that special law is being repealed. This will be the first country in the world to do that. Even though terrorism continues till today in the whole country, someone can say POTA has not stopped terrorism. I agree. But there have been instances pointed out that POTA has served to some extent as a deterrent and it has also served to punish those who indulged in this crime. But my submission is that I heard the debate and I found that those who are against repeal of POTA, pleaded that this matter be referred to the Standing Committee and there were others who were in favour of repeal of POTA. … (Interruptions)

DR. C. KRISHNAN (POLLACHI): POTA was misused. … (Interruptions)

MR. SPEAKER: Please sit down. You have not taken my permission.

… (Interruptions)

SHRI L.K. ADVANI : There were others who were in favour of repeal of POTA. Several of those Members also pleaded that the Unlawful Activities (Prevention) Amendment Bill be referred to the Standing Committee. Here, the hon. Minister of Home Affairs is the person under whose Speakership, this special institution of Standing Committees was created. I have noticed that though it is said that ordinarily Bills seeking to replace Ordinances will not be referred to Standing Committees, during the Eleventh Lok Sabha I found the Electricity Laws (Amendment) Bill which sought to replace an Ordinance, and in the Twelfth Lok Sabha the Lotteries Regulation (Amendment Bill, 1998, Finance (Amendment) Bill, 1998, Essential Commodities (Amendment) Bill, 1998 – all of these, though they sought to replace Ordinances-- were referred to the Standing Committees and their reports were there.

SHRI L.K. ADVANI : I had anticipated this and I think that for us, for this House and for the country, repeal of a special legislation like POTA is not a right step. My party and my colleagues, associates in the NDA, would like to protest against this. If the Government had been willing to refer the matter to the Standing Committee, we would have changed our view, but in order to register our protest against this, we would like to walk out from the House.

18.11 hrs (At this stage, Shri L.K. Advani and some other hon. Members left the House.) MR. SPEAKER: Mr. Home Minister.