REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS 5.3 The apprehensions of the Commission in respect of the probable abuse of the provisions of the Act and the violation of human rights have, unfortunately, proven to be well-founded. Reports from a number of States, extensively carried in the media, point to the frequently arbitrary and discriminatory use of the Act and the damage done to the fundamental rights of citizens of the country, the young and old alike. 5.4 Thus, for example, a report appeared in the Times of India of 20 February 2003 according to which nearly 200 persons had been arrested in the State of Jharkhand under the Prevention of Terrorism Act allegedly for "supporting Naxals." They included a 12 year old boy, Gaya Singh, and an 81 year old man, Rajnath Mahto. The report stated that, in all, 10 children had allegedly been arrested under the Act, and the social profiles of the arrested, prepared by the police, showed that they were farmers, students or daily-wage earners. Taking suo motu action on this report, the Commission issued notice to the Chief Secretary and Director-General of Police, Government of Jharkhand and to the Secretary, Ministry of Home Affairs, Government of India. Soon after, the Commission was informed by the Ministry of Home Affairs that Gaya Singh was aged 17 years and was lodged in the Remand Home, Ranchi. He was an accused in Manika P.S. Case No. 42/2002 of Latehar District. The Commission was also informed that Rajnath Mahto was aged 45 years and not 81, as reported in the Press. He, and one Janki Bhuiya, aged 18 years, were accused in Keredari P.S. Case No. 7/2002 under POTA and other Acts. It was added in the letter that the Special Judge had quashed the POTA sections in this case and all the accused would be tried under the normal laws. As of 31 March 2003, the proceedings before the Commission were still under way. 5.5 As of the time of writing this report, it is evident that a wide spectrum of the political leadership of the country is increasingly concerned at the manner in which the Act is being applied. This comes as no surprise to the Commission, which had forewarned of its probable consequences. The Commission has thus noted with interest that as of the time of writing this report, the Government of India has itself established a Review Committee under the Chairmanship of Justice Shri Arun Saharya, 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 ANNUAL REPORT 2002-2003 ... ... 71 ... ... ..