...... 49 CHAPTER 5 Review of Laws, Implementation of Treaties and Other International Instruments on Human Rights A] Prevention of Terrorism Act, 2002 5.1 The views of the Commission in regard to the Prevention of Terrorism Bill, 2000 and the Prevention of Terrorism Ordinance, 2001 have been indicated in full in the earlier annual reports of the Commission. The stand of the Commission in respect of anti-terrorism legislation was reiterated in a signed statement of 21 February 2003, the full text of which was reproduced in previous annual report. They are therefore not being repeated here. The ordinance was replaced by the Prevention of Terrorism Act, 2002 (POTA). 5.2 In its annual report for 2002-2003, the Commission noted that a wide spectrum of opinion in the country was increasingly concerned at the manner in which the POTA was being applied. This came as no surprise as the Commission had forewarned of its probable consequences. 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, young and old alike. The Commission has been carefully monitoring the application of the Act and insisting that more safeguards were required in the Act to prevent its misuse. 5.3 The Commission has been receiving complaints of alleged misuse or abuse of provisions of the Prevention of Terrorism Act. During the year under review, the Commission received six cases, of which two were from Gujarat, three from Tamil Nadu and one from Jharkhand. 5.4 The constitutional validity of POTA was challenged in the Supreme Court of India in the People’s Union for Civil Liberties & Another. Vs. Union of India (2003 (10) SCALE 967). ANNUAL REPORT 2003-04