(ii)
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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER..........
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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against the accused shall be deemed to have been withdrawn from the date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