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The BJP government in Gujarat has again passed its anti-terror Bill in the state Assembly.



 The BJP government in Gujarat has again passed its anti-terror Bill in the state Assembly. The Bill was adopted on the last day of the Budget session. The Opposition abstained. The Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill has attracted a fair share of opprobrium because it turns the foundation of jurisprudence “Everyone is deemed innocent till proven guilty” on its head. It allows a confession taken by a police officer to be admissible in a court of law, something that is contrary to the general practice, and makes provisions of allowing bail to an accused person difficult, if not impossible.  It also gives the police absolute power to conduct electronic surveillance of suspects, thereby giving a short shrift to any notion of privacy they may have. 

Police is a state subject and the Gujarat police have an unenviable record in matters related to its relationship with minorities and in defending the rights of its citizens who fall afoul of the powers that be. Given this situation, it is only natural that there is a considerable apprehension that the powers that the Bill will give the police may be misused. That it is not entirely misplaced can be judged from the fact that senior police officers of the state are facing charges of extra-judicial killings, and even ministers have been accused in some cases. 

President A P J Abdul Kalam rejected the GCTOC Bill in 2004. President Pratibha Patil followed suit in 2008, and sat on a version passed in 2009.  Now President Pranab Mukherjee will have to take the call. Terrorism is a global scourge. India has suffered from the hands of terrorists, both foreign and domestic. State police forces were found to be woefully inadequate in dealing with the threat, and the Central government has initiated a series of measures to improve coordination and act on intelligence swiftly. Such efforts need to be strengthened. It is good policing that thwarts terrorists, not draconian laws. 

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