Legal framework vital to tackle terrorism, says CJI

New Delhi: Chief Justice of India K.G. Balakrishnan on Saturday called for an appropriate legal framework in the criminal justice system to tackle the menace of terrorism. He favoured adoption of a counter terrorism strategy that was aimed at securing the confidence and support of the local people.
Speaking on ‘arbitration and international standards for contract law and legal aspects of terrorism,’ here, the CJI said, “several acts that have occurred in the past few years, particularly the attacks on the Parliament, Akshardham temple, Indian Institute of Science, serial bomb blasts in Mumbai and Malegaon, massacre of labourers in Upper Assam and most recently the multiple bombings in Jaipur.”
Mr. Justice Balakrishnan said: “The escalation of global terrorism has left populations across the world and decision-makers unprepared. Moreover non-consensus among the international community to provide a mutually acceptable definition of terrorism has prevented the emergence of a co-ordinated effective counter-terrorism strategy among nations. This has given terrorist organisations an advantage and placed countries in a vulnerable position.”
“Nation vulnerable”
He said: “All these acts demonstrate that the entire length and breadth of the nation is vulnerable. The proponents of terror, armed with modern technology and assisted by a multitude of sleeper cells, have spread their influence even to areas hitherto inaccessible.”
The CJI said, “Without a coordinated international counter-terrorism effort, responses to terrorist acts will continue to be slow and reactive. After the attacks on the World Trade Center, the United Nations Security Council (UNSC) adopted certain measures against terrorism without actually providing a proper definition of it. It has instead encouraged States to define terrorism in their municipal legislations, thus encouraging wide and divergent definitions.”
He said: “This, and subsequent measures, were useful, many countries have opined that any measure without a satisfactory and binding definition of terrorism would not be effective in countering this threat. Terrorism is no longer a local problem of specific countries but an issue involving a number of international aspects. Since terrorism is a global phenomenon, responses to terrorism must also be global.”
He said: “Prevention of Terrorism Act (POTA) became controversial and the fact that it was repealed on grounds of misuse by security agencies stands testimony for the urgent need to envisage and enforce an effective criminal justice system that is capable of dealing of dealing with various issues.”
J. Venkatesan
Sunday, May 18, 2008
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