resulted in death of any person)182. For the purposes of the Act an Organisation is a Terrorist Organisation if it is listed in the Schedule to the Act and the Central Government is empowered by order to add any organisation to that Schedule, ‘but only if it believes that it is involved in terrorism’.183 A person commits an offence if he belongs or professes to belong to a Terrorist Organisation or invites support for a Terrorist Organisation or assists in arranging or managing a meeting which he knows would support a Terrorist Organisation or further the activities of a Terrorist Organisation.184 The holding of any proceeds derived from terrorism is declared illegal185, and any property of a person convicted under POTA is liable to be forfeited.186 POTA also sets up Special Courts to deal with terrorist offences. Both the Central Government and State Governments are permitted to constitute such courts for certain notified areas or groups of cases.187 POTA empowers the police to hold people without bringing charges for extended periods of detention. Terrorist suspects can now be detained for 90 days without charge or trial.188 The Special Court can extend this period to 180 days on an application and report by the Public Prosecutor indicating the progress of investigation and the specific reasons of the detention of the accused beyond the period of 90 days. No accused may be released on bail unless the Court gives the Public Prosecutor an opportunity to be heard189 and where the Public Prosecutor opposes release on bail, the accused may not be released ‘until the Court is satisfied that there are grounds for believing that he is not guilty of committing such offence’.190 POTA introduces new provisions governing surveillance measures, and authorising police officers to intercept communications.191 Section 53 provides for the Special Court drawing adverse inferences against the accused – where arms or explosives are discovered in the possession of the accused and fingerprints of the accused are found at the place of the offence. 182 POTA section 3. POTO section 18. 184 Section 20 to 22 - In PUCL v. Union of India, Bench of the Supreme Court (16 December, 2003), whilst negativing constitutional objections to POTA and holding the entire Act valid and competent and not in contravention of the Fundamental Rights Chapter, read down the provisions of sections 20 to 22 holding that the offences in these sections required proof as a positive inference that a person had acted with intent of furthering or encouraging terrorist activity or facilitating its commission. 185 POTA section 6. 186 POTA section 16(2) 187 POTA section 23 188 POTA section 49(2) amending the provisions of the ordinary criminal law (Section 167 of the Code of Criminal Procedure 1963). 189 POTA section 49(6) 190 POTA section 49(7) 183 93