Addressing Loopholes in Chargesheets: Curbing the Expanding Net of Terrorism
Strengthening chargesheets is crucial to effectively combat the expanding network of terrorism.
Photo by AMR MED
The article discusses the critical need to strengthen the quality of chargesheets filed in terrorism-related cases to ensure successful convictions. It highlights that despite numerous arrests, convictions remain low due to loopholes and deficiencies in the prosecution's evidence.
The piece emphasizes the importance of thorough investigation, meticulous documentation, and robust legal strategies to address the evolving nature of terrorism and secure justice. Improving the quality of chargesheets is essential for curbing the expanding network of terrorism and maintaining national security.
UPSC Exam Angles
GS Paper II: Polity and Governance - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
GS Paper III: Security - Linkages between development and spread of extremism.
Potential question types: Analytical questions on the effectiveness of anti-terrorism laws, critical analysis of investigation processes.
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Background
The legal framework for addressing terrorism in India has evolved significantly since independence. Initially, reliance was placed on general criminal laws. However, the rise of insurgency in the 1980s and 1990s led to the enactment of specific anti-terrorism laws like the Terrorist and Disruptive Activities (Prevention) Act (TADA) in 1985, which was criticized for its broad definitions and potential for misuse.
TADA was allowed to lapse in 1995. Following the 1993 Mumbai bombings, the Prevention of Terrorism Act (POTA) was enacted in 2002, also facing criticism and eventual repeal in 2004. The Unlawful Activities (Prevention) Act (UAPA), originally enacted in 1967, has been amended several times, most recently in 2019, to strengthen its provisions against terrorism.
These amendments have broadened the scope of the law, allowing individuals to be designated as terrorists and increasing the period of detention without charge. The evolution of these laws reflects the ongoing challenge of balancing national security concerns with the protection of civil liberties.
Latest Developments
In recent years, there has been increasing scrutiny of the investigation and prosecution processes in terrorism cases. Concerns have been raised about the quality of evidence presented in chargesheets, leading to acquittals and prolonged trials. The National Investigation Agency (NIA) has been playing a more prominent role in investigating terrorism-related cases across the country.
There is a growing emphasis on using technology and digital forensics to gather evidence and track terrorist networks. The government is also focusing on international cooperation to share intelligence and combat cross-border terrorism. Future trends are likely to involve greater use of data analytics and artificial intelligence to identify potential threats and improve the efficiency of investigations.
There is also an ongoing debate about the need for legal reforms to address the challenges posed by online radicalization and the use of social media for terrorist propaganda.
Practice Questions (MCQs)
1. Consider the following statements regarding the Unlawful Activities (Prevention) Act (UAPA), 1967: 1. It empowers the Central Government to declare an association as unlawful if it carries out unlawful activities. 2. Under UAPA, both Indian and foreign nationals can be charged. 3. The 2019 amendment allows the NIA to seize properties believed to be linked to terrorism without prior approval from the State Director General of Police. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: A
Statement 3 is incorrect. The 2019 amendment requires prior approval from the State Director General of Police to seize properties.
Source Articles
SC refuses to engage with the question: What did Umar Khalid and Sharjeel Imam mastermind? | The Indian Express
3 dead terrorists, LeT and 2 locals named in Pahalgam chargesheet that nails Pak complicity | India News - The Indian Express
Explained Law | The Indian Express
Supreme Court directs info of all cross cases to be included in chargesheet to save criminal justice system from anomaly | Legal News - The Indian Express
Kashmiri separatist Asiya Andrabi, two aides convicted in terror case by Delhi court | Legal News - The Indian Express