REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS 1 41 4.4 In drafting its Opinion, the Commission considered the following issues: • Is there any need for the enactment of a new law? • If yes, then the kind of new law which needs to be enacted. « 4.5 The Opinion then stated, 'it is the considered unanimous opinion of the Commission that there is no need to enact the new law (Prevention of Terrorism Bill, 2000) and, therefore, the need did not arise to answer the other question.' 4.6 In its Opinion, the Commission noted that the Draft Bill set out the kind of actions, which are proposed to be dealt with under the Bill. These actions, the Commission pointed out, are substantially taken care of under the existing laws such as the Indian Penal Code, I860: Arms Act, 1959; Explosives Act, 1884; Explosive Substances Act, 1908; Armed Forces (Special Powers) Act, 1958; Unlawful Activities (Prevention) Act, 1967; and Suppression of Unlawful Activities against the Safety of Civil Aviation Act, 1982. In addition, there are at present at least four Preventive Detention Acts enacted by the Union of India: the National Security Act, 1980; Prevention of Black Marketeering and Maintenance of Supplies Act, 1980; Prevention of Narcotic Drugs and Psychotropic Substances Act, 1988; and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Further, there are a number of Preventive Detention Acts enacted by various States. The Commission was of the view that between these legal measures, all the 'terrorist acts' contemplated under the new Bill appeared to be covered. If necessary, the Indian Penal Code or any provisions of any other Act could be amended to cover any specific action, which at present might not be covered. The punishments provided under these Acts could also be increased where necessary. But there was no need to have a separate new Bill for the purpose of creating new offenses. 4.7 The Commission then considered the avowedjustification for the new law; namely: • that it was difficult to secure convictions under the criminal justice system; • and that trials were delayed and hence there was need for special courts. 4.8 The Commission observed, in this connection, that the main problem facing the country today related to proper investigation of crimes, efficient prosecution of criminal trials and delays in adjudication and punishment in the Courts. However, these problems could not be solved by enacting laws that do away with the legal safeguards, which are designed to prevent innocent persons from being prosecuted ANNUAL REPORT 2000-2001