IV
REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER
INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS
(A)
TERRORIST AND OlSRUPTlVE ACTlVlTIES (PREVENTION) ACT, 1987
4.1
The Terrorist and Disruptive Activities (Prevention) Act, 1987, the renewal of
which this Commission opposed, was not revived when its life expired on 23 May 1995.
Yet the problem continued that many thousands of undertrials remained in jail in various
States, as did the danger that they would be forgotten once the A d lappal. On 30 Juns
1995, the number of such undertrials stood at 6000. The Cadmission accordfngly
submitted the information at its disposal to the Supreme Court which, on 27 February
1986, gave detailed directions on how to deal with questions of bail in respect of TADA
cases. Pursuant to these directions, the number of TADA undertrials in jail had been
reduced to 1502 by 1 January 1987. The Cornmiasion has remained in touch with the
cornpotent authorities at the Csntre and in the States in respect of the TADA undertrials,
with a view to ensuring that the various instructions of the Supreme Court in regard
to them are acted upon and that their fate is not forgotten simply because the Act has
ceased to exist.
(B)
ARMED FORCES (SPECIAL POWERS) ACT, 1958
The Commission first rwaived a representation against the Armed Forces
(Spscial Powers) Act, 1958 when it visited Nagaland in April 1895. It subsequently learnt
that there were proceedings pending before the Supreme Court questioning the
constitutional validity of the Act in Writ Petition Nos. 5328 of 1980, 550 of 1982 and
9229 and 9230 of 1882. Thereafter, the attention of the Commission was drawn to the
concerns expressed by a n u m k r of other public and civil liberties groups in regard to
the provisions of the Ad, the South Asian Human Rights Documentation Centre, for
instance, even sending to the Commission an analysis that it had made of the Act.
4.2
4.3
In essence, the representations received against the Act assert that its powern
are too vast and sweeping and pose a grave threat to the fundamental rights and liberties
of the citizenry of the areas covered by the Act. It is argued, for instance, that the
powers under Section 3 to declara any area to be a 'disturbed area" are too wide,
unguided and unanalyzed. It is further argued that Sections 4 and 5 are so arbitrary
and excessive as to empower the armed forces wen to take away the life of e citizen
by firing upon him on the mere ground, inbr alia, that he Is 'acting in contravention of
any law or order for the time being in force in the disturbed area prohibitingthe arwrnbty