...... 50 REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER.......... On 16th December 2003, the Supreme Court of India while dismissing petitions challenging constitutional validity of the Prevention of Terrorism Act, 2002, however held that mere support to banned terrorist organization is not sufficient for prosecution under POTA. Criminal intention must be proved. The Supreme Court has moderated Section 21 of POTA, which deals with offences relating to the support given to terrorist organization, which was cast in a manner that virtually invited gross abuse. Similarly, it reduced the rigour of Section 49(7) of the Act by holding that an accused under the POTA could seek bail even before the expiry of one-year period. 5.5 Section 60 of the Prevention of Terrorism Act, 2002 provides that the Central Government and each State Government shall, whenever necessary, constitute one or more Review Committees for the purposes mentioned in the Act. The Government after taking note of the need of providing more safeguards set up a Central Review Committee under Section 60 of the Act on 4 April 2003 under the Chairmanship of a former Chief Justice of the Punjab and Haryana High Court, with the following Terms of Reference: (i) the Review Committee shall take a comprehensive view of the use of the said Act in various States and shall be empowered to entertain complaints or grievances with regard to enforcement of the said Act and accordingly, give its findings and suggestions for removing the shortcomings, if any, in the implementation of the said Act; and (ii) the Review Committee shall suggest measures to ensure that the provisions of the said Act are invoked for combating terrorism only. 5.6 Since, the recommendations or directions of the Review Committee except those explicitly provided in the said Act were not binding on the Central Government and the State Governments and were only advisory in nature under the existing provisions, the Parliament amended Section 60 of the Prevention of Terrorism Act, 2002 through the Prevention of Terrorism (Amendment) Ordinance, 2003 (Ord. 4 of 2003) which was promulgated on 27th October 2003 to remedy the lacuna. This step is in keeping with the concerns expressed by the Commission of providing more safeguards against misuse and abuse of the POTA and to protect Human Rights. Following, new provisions were inserted in Section 60 of this Act:“(4) Without prejudice to the other provisions of this Act, any Review Committee constituted under sub-section (1) shall, on an application by any aggrieved person, review whether there is a prima facie case for proceeding against the accused under this Act and issue directions accordingly. (5) Any direction issued under sub-section (4), — (i) by the Review Committee constituted by the Central Government, shall be binding on the Central Government, the State Government and the police officer investigating the offence; and NATIONAL HUMAN RIGHTS COMMISSION