New Delhi, Dec. 21 :
The proposed law to replace Tada says that membership of a terrorist organisation is enough to attract its stringent provisions.
According to the suggestions of the Law Commission, a member of a militant outfit can be jailed for life even if he is unaware of his organisation?s ??terrorist and disruptive?? intentions.
Section 3(5) of the proposed legislation says that ??any person who is a member of a terrorist gang which is involved in terrorist acts, shall be punishable with imprisonment for a term of five years which may extend to life imprisonment??.
Similarly, persons who have acquired property from a militant or through terrorist funds can be imprisoned for ??five years which may extend to imprisonment for life and also fine??.
The law panel, however, said that the suggestions were ??tentative?? and more meetings would be held with various ministries and the National Human Rights Commission to finalise the legislation.
The new law retains two controversial clauses of the lapsed Act ? those relating to confession and bail.
Under the old legislation, confession made to a police officer was admissible as evidence.
On bail, the law said if the prosecutor opposed the plea of an accused, it would not be granted and no appeal will be allowed against a bail order. Filmstar Sanjay Dutt languished in jail under this provision.
The proposed legislation empowers the police to crack down on persons who have information on a terrorist.
A few years ago, a journalist was arrested under Tada as he had interviewed a militant and had ??possession or information?? believed to be of ??material assistance??.
To tackle the extortion menace, Section 5(6B) says proceeds of terrorism ? including ??tax?? collected from the public by militants ? can be confiscated.
The identity of a witness will not be disclosed even during cross-examination.
Human rights groups say this provision puts the accused at a disadvantage.
Several rights organisations and NGOs today boycotted a seminar organised by the Law Commission.
In a statement, the panel said: ??The seminar was intended to elicit views of various interest groups to enable the commission to finalise its proposals. The commission had an open mind to include any safeguards necessary to balance the needs of the society and the individuals.??
The panel, however, added that ??the interests of the society had to prevail?? in case of a clash between the two.





