People's Democracy

HUNDREDS of journalists, jurists, writers, teachers and students marched in unison from Safdar Hashmi Marg to Jantar Mantar on December 4 to say "No To POTO". The journalists chanted, "Don’t make us government informers and police informers," in an obvious reference to some clauses of POTO. The marchers were joined by MPs like Kuldip Nayyar (independent), Jaipal Reddy (Congress), CPI(M) Polit Bureau member Prakash Karat, CPI leader D Raja, former justice Rajender Sachar, artist M K Raina, Tehelka chief Tarun Tejpal, JNU Teachers Association president Kamal Mitra Chenoy, DUTA president Shashwati Majumdar, JNUSU president Albeena Shakil, and senior advocate Hardev Singh, among others.

It was a unique mixture of the young and the old, from different walks of life, assembled under the banners of People Against POTO and the Delhi Union of Journalists. Supportive organisations were Jamia Teachers Association, Indian Association of Lawyers, Democratic Teachers Front, 19 non-teachers association Janwadi Lekhak Sangh, SAHMAT, Jawaharlal Nehru University Students Union, All India Lawyers Union, Delhi Science Forum and DYFI.

The participants carried placards that said: Reject POTO in Toto, POTO is state terrorism, POTO is BJP’s political tool, anti-people and draconian.

A leaflet distributed during the march said:

"The Indian constitution, won after a long struggle against colonial rule, confers on the citizens sacrosanct rights including the right to life, liberty and equality. During the last half century of independence, the state has periodically whittled down these rights through laws like the DIR, MISA and TADA. Experience has shown that, irrespective of the pretexts on which these were brought in, they have been used almost solely to stifle oppostion and political dissent. Over 76,000 people, mostly innocent were detained under TADA and less than one per cent of these were found guilty.

"Public opinion ensured that parliament allowed TADA to lapse. But the present government is seeking to bring back such a draconian law, under the pretext of combating terrorism. The promulgation of the Prevention of Terrorism Ordinance (POTO) on October 24, 2001 was cynical attempt at presenting parliament, which was to meet shortly, a fait accompli. This surreptitious move in itself reveals the true intentions of the government-to arm itself to put down political opposition and the struggles of people for their legitimate demands. Further evidence is provided by the fact that the list of 23 organisations included in the schedule under POTO conspicuously excludes those belonging to the Sangh parivar. This, despite the track record of these organisations in terrorist acts like demolishing and desecrating places of worship, killing a priest and repeatedly stoking communal riots.

"We have had a glimpse of the draconian nature of POTO and the scope for its misuse in the manner in which Sheikh’s house was sealed on the basis of a mere suspicion. Quibbling about how POTO is different from MISA or TADA is neither here nor there. Despite all the differences, POTO remains a draconian law and we do not need one more to add to the list of those that already exist. POTO is anathema to civilised governance and basic democratic norms. Preventive detention and deprivation of life and liberty without recourse to law and safeguards is unconstitutional and a violation of international human rights laws."

In front of the police barricade at Jantar Mantar, the gathering adopted a resolution that said, "POTO is a dangerous weapon of the state to destroy the secular and democratic fabric of our country. It is both anti-press and anti-human, besides being an attempt to stifle all dissent." It described POTO as an enemy of civilised governance and basic democratic norms.

Addressing the gathering near the Parliament Street police station, CPI(M) Polit Bureau member Prakash Karat said the Left was united and clear that the ordinance must be outright scrapped. He pointed out that "even the relatives of terrorists can be booked under it for three to ten years."

D Raja of the CPI dubbed POTO as anti-democratic, fascist and draconian. He said, "Any citizen opposed to the government can be dubbed a terrorist" under this ordinance.

Jaipal Reddy described POTO as "structurally defective" and a "threat to innocent civilians."

Kuldip Nayyar said he could not agree with the idea of removing only those parts of the ordinance that harm the journalists. He demanded that the POTO itself must go.

Former Justice Rajender Sachar said, "Even the Law Commission did not suggest the need of any legislation like this. In fact, there is no need of a new law to curb terrorism."

Veteran advocate Hardev Singh said the ordinance must be consigned to the dustbin of history as it was absolutely unnecessary as there were enough laws to check terrorism.

The meeting was presided over by DUJ president S K Pande.