(ii) ...... REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER.......... 51 by the Review Committee constituted by the State Government shall be binding on the State Government and the police officer investigating the offence. (6) Where the reviews under sub-section (4) relating to the same practice under this Act, have been made by a Review Committee constituted by the Central Government and a Review Committee constituted by the State Government, under sub-section (1), any direction issued by the Review Committee constituted by the Central Government shall prevail. (7) Where any Review Committee constituted under sub-section (1) is of opinion that there is no prima facie case for proceeding against the accused and issue directions under sub-section (4), then, the proceedings pending against the accused shall be deemed to have been withdrawn from the date of such direction.” 5.7 The Ordinance (4 of 2003) was replaced by the Prevention of Terrorism (Amendment) Act, 2003. According to the Statement of Objects and Reasons of the Prevention of Terrorism (Amendment) Act, 2003, these amendments empower the Review Committee to review, “on an application by an aggrieved person, whether there is a prima facie case for proceedings against the accused under the Act and issue directions accordingly. The directions of the Review Committee shall be binding on the Central Government, the State Government and the police officer investigating the offence. Where the directions relating to the same offence under the said Act, have been made by a Review Committee constituted by the Central Government and the Review Committee constituted by the State Government, the directions of the Central Review Committee shall prevail over those of the State Review Committees.” 5.8 The Commission is of the firm view that a proper balance between the need and the remedy requires respect for the principles of necessity and proportionality. While it is necessary to combat terrorism, counter terrorism should not be used as an excuse to suspend all the rules of international law and domestic civil liberties. The need is to combat and triumph over terrorism in a manner which is consistent with the promotion and protection of human rights. For its part, the Commission continues to monitor the implementation of the Prevention of Terrorism Act 2002 with great care. B] Child Marriage Restraint Act, 1929 5.9 In its preceding annual reports, the Commission reported that the Draft Child Marriage Restraint Bill recommending substantial changes in the Child Marriage Restraint Act (CMRA), 1929, as approved by the Statutory Commission, was sent for consideration and appropriate action to all the State Governments/Union Territories as well as to the Department of Women and Child Development, Ministry of Human Resource Development, Government ANNUAL REPORT 2003-04

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