[Congressional Record Volume 148, Number 57 (Wednesday, May 8, 2002)]
[Extensions of Remarks]
[Page E755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                TYRANNICAL NEW LAW ALREADY BEING ABUSED

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                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Wednesday, May 8, 2002

  Mr. TOWNS. Mr. Speaker, I was saddened to read an article in the 
Times of India showing that India's repressive new ``Prevention of 
Terrorism Ordinance'' (POTO) is already being abused. The new law 
allows the police to hold someone without charges for up to 180 days, 
according to the Washington Post.
  According to the article, a court granted bail to a POTO defendant 
named Abdul Ahmed Bhat and granted him bail of Rs 2,500. The judgment 
shows how the police are abusing POTO. The police filed two varying 
reports against Mr. Bhat, abusing the process to make certain that he 
stayed in police custody. The official police reports exonerates Mr. 
Bhat of the charges against him, while the investigating officer's 
report implicates him.
  Unfortunately, this kind of abuse is typical of the Indian 
government. The Rashtriya Swayamsewak Sangh (RSS), a hardline, militant 
Hindu fundamentalist organization published a booklet on how to 
implicate Christians and other minorities in false criminal cases. The 
RSS is the parent organization of the ruling BJP, which sponsored and 
passed POTO.
  Mr. Speaker, we must not support this kind of tyranny. We should end 
all our aid to India until it ends. We should also put ourselves on 
record in favor of self-determination for everyone in the subcontinent 
by means of a free and fair, democratic vote on independence for 
Khalistan, Kashmir, Nagaland, and the other nations seeking their 
freedom from India.
  Mr. Speaker, I would like the permission of the House to insert the 
Times of India article into the Record for the information of my 
colleagues.

                [From the Times of India, Apr. 3, 2002]

                  POTO Misused by Police in Bhat Case

       Srinagar.--Two varying police reports by the same 
     investigating officer prompted the special court to grant 
     bail to Abdul Ahmed Bhat on Monday. Bhat, a resident of Ahmad 
     Nagar, was booked under the Prevention of Terrorism Ordinance 
     (POTO) under FIR No 12/2002 at police station Soura.
       The special court had granted bail to Bhat against a bond 
     of Rs 25,000.
       The judgment points a finger of suspicion at the police for 
     misuse of the prevention of terrorism law--despite the Centre 
     and the state government's assurance for its fair use to 
     tackle terrorism across the country.
       Announcing the judgment on Monday, special Judge M I 
     Qureshi said: ``After close and minute examination of the two 
     police reports and case diary that the prima-facie case under 
     Sections 3 and 21 of POTO is made out against the accused 
     persons except Abdul Ahad Bhat.''
       The judgment further reveals that there were variations in 
     the two police reports about the date of Bhat's arrest. Also, 
     the police report exonerates Bhat from the implication of 
     alleged offences, while the second report submitted before 
     the court on March 14 by the investigating officer of his 
     own, implicates him (Bhat) for the alleged offences.

     

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