Says Narendra Kumar, former judge advocate-general of Indian Army, at a seminar on legal hurdles in fighting terror.
The arrest of David Coleman Headley for his alleged role in terrorist activities has once again exposed the gaps and inadequacies in Indian anti-terror law. India needs comprehensive and stringent action to curb terrorist activities within and outside the country. The speakers at a seminar organised by the education and training committee of the Gujarat High Court Advocates’ Association on Saturday threw light on the various fallacies of Indian law and the legal hurdles in combating acts of terrorism.
Neglecting a small issue can lead to a larger problem, which could at times result in terrorist activities, said Justice KS Radhakrishnan, the outgoing chief justice of the Gujarat high court. He cited the example of the First World War, the origin of which is traced to the murder of Austrian prince Franz Ferdinand while on a visit to Serbia. His death led the Austrian government to make strong demands, and Russia, keen on gaining influence over Serbia, supported the latter. Days later the world war broke out.
In the present day, terrorist activities are not confined to the planting of bombs or causing damage to life and property. The situation is complicated by the nuclear arms race, with reports of there being more than 33,000 nuclear arms across the world. Of these, Russia is said to have around 25,000, followed by the US with 12,000. India and Pakistan have 65 and 25, respectively.
“A democratic country cannot rely on legislative law and amendments to tackle terrorism. Strong action and stringent laws are needed to tackle this menace,” said Narendra Kumar, former judge advocate-general of the Indian Army. Kumar was the chief guest at the seminar held at the Gujarat Law Society auditorium.
Since the attack on Mumbai on November 26 last year, there have been several amendments in Indian law to tackle terrorism, but these are just remedial measures and not preventive, Kumar said. “After 26/11, there were amendments in the National Investigation Agency Act (NIAA), Unlawful Activities (Prevention) Act (UAPA) and the Code of Criminal Procedure,” he said. The provisions of the NIAA with regard to investigation do not affect the powers of the state government to investigate an incident of terror and prosecute the accused.
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