“Under the IPC, no detainee can be denied bail and confession is not admissible as evidence,” he lamented reminding that the world over all developed western nations facing terrorism have passed similar laws incorporating these two provisions.
He also dismissed the proposal for setting up a federal agency without this proviso of little consequence. Jaitley pointed out, “Rajiv Gandhi assassins could be convicted because of these provisos in TADA and so is the case with the attack on Indian Parliament where again the accused could be convicted due to similar quality of POTA.
“Since the withdrawal of POTA, Malegaon, Mumbai blasts and so many incidents in UP have taken place but no one has been convicted,” he said because of inadequacy of law.
Jaitely also contested that law and order was a state subject. Citing a Supreme Court ruling he said, “the Supreme Court has held in POTA review petition that terrorism is not a state subject. It needs a Central entry,” Jaitely asserted.
He also felt a “federal agency alone will not change the situation, it will only change the investigating agency.”
