The Devil On The Beat

The fact-finding team has asked for special designated courts in Gumla and Palamu districts which account for the highest number of cases.As of now, they are in Ranchi and Dumka. Chief minister Babulal Marandi, who lost a cut motion last Thursday, shied away from a direct statement. He told Outlook, "We're examining reports on POTA misuse. If we find violations, action will be taken against the guilty."

Allegations of POTA misuse have also been coming in from Andhra Pradesh, Maharashtra and Gujarat. The arrest of poet A.K. Babu, better known as Riveria, in Ongole, AP, saw many protests. "His only offence is he penned a poem on POTA and another on the killing of a pwg activist," says a lawyer. This follows arrests of a tailor and a doctor in Khammam, for allegedly stitching clothes and treating Naxalite patients.

A celebrated case of arrest under poto was of Mohammed Afroz. The Mumbai police first claimed he was an Al Qaeda suicide bomber but had to drop charges later for lack of evidence. Public prosecutor Madhukar Raut is on record saying: "I was not consulted before the police booked Afroz under poto."

Home ministry figures show that of the 77,571 people detained under TADA, 72,000 were let off due to lack of evidence. When it lapsed in May '95, the conviction rate was less than 1 per cent. This month, the apex court is hearing a petition challenging POTA's constitutionality. If the judgement favours the petitioners, then POTA may also go into extinction—but after leaving a trail of bad faith and bad blood behind.