RS clears UAPA Bill, NIA can label individual as terrorist

New Delhi

Parliament today passed the contentious Unlawful Activities (Prevention) Amendment (UAPA) Bill, 2019, that sailed through the Rajya Sabha with 147 votes in favour and 42 against it — exposing the disunity among the Opposition ranks.

The Lok Sabha had earlier passed the amendment Bill, which allows the Central Government to designate an individual as terrorist and seize his property.

Replying to about four-hour debate in the Rajya Sabha, Union Home Minister Amit Shah appealed to members that the Bill be passed unanimously to send out a strong message that the country was united against terrorism.

The passage of the Bill took place amid strong objections by Opposition parties that termed it “draconian” and demanded it being referred to a select committee for a deeper scrutiny.

An Opposition-sponsored motion for sending the Bill to a select committee fell through with 85 votes in its favour and 104 against it.

As regards Opposition’s concerns that the government would misuse the provision to designate individuals as terrorists, Shah said a four-level scrutiny mechanism had been provided in the Bill to check it.

He also allayed the apprehension that the amendment would encroach upon powers and jurisdiction of states, thereby eroding federalism.

“The Bill is to empower the NIA,” Shah said contextualising the growing complexity of terrorism-related cases, including their interstate and international ramifications. The amendment would expedite prosecution in terror cases, he added.

The US, Pakistan, China and the UN designate individuals as terrorists, Shah said, adding “what are we afraid of?” Terrorism has no religion, he said, seeking support of all parties to support stringent laws against terrorism.

Elaborating on the NIA track record, he said out of 278 terror cases registered by the agency, chargesheet has been filed in 204. Of the 54 cases in which judgments have come, convictions have been made in 48. Clearly, the NIA track record on this front was outstanding, he claimed.

Earlier, Congress leader P Chidambaram objected to the provisions of the Bill, including the naming of individuals as terrorists on plea that it contravened human rights and the principle of liberty. He cautioned that the provisions would not stand the test of judicial scrutiny.

“It will be better for the government to hear us instead of forcing us to go to a building a kilometre away,” he said in an obvious reference to the Supreme Court.

Key provisions

The amendment Bill empowers the NIA to seize property of individuals designated as terrorists
If the probe is conducted by an NIA officer, approval of its Director General would be needed for seizure of property
NIA officers of the rank of Inspector or above can investigate cases
It adds the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the schedule of treaties