This clause, if effectively implemented, could act as a strong deterrent against vindictive arrests underthe POTA, but there is yet no case of the clause being effectively invoked.
The Justice Saharya committee disclosed that POTA had not been applied in 15 States and six Union Territories(UTs) of the country. However, in the remaining States, a total of 301 cases had been registered involvingover 1,600 persons. Of these, 514 persons were in jail and 885 absconding from the date of the promulgation ofthe Act. The States which had invoked POTA were Andhra Pradesh, Delhi, Gujarat, Himachal Pradesh, Jammu andKashmir, Jharkhand, Maharashtra, Sikkim, Tamil Nadu and Uttar Pradesh.
Interestingly, terrorism affected States like Manipur, Tripura and Assam have not applied the law, citing theexistence of other laws to tackle terrorism. The J&K Government, in a surprising move on June 4, 2003,decided that it would not invoke POTA in the State, and that detainees under the Act who had no serious casesagainst them were to be released.