Law relating to prevention of terrorism / by Surat Singh and Hemraj Singh

It is this 'great right of self defence' of Mr. Lincoln from which the moral justification to all anti-terrorism laws is derived. And many a time the legislative - and later the executive - oversteps the thin line that demarcates a legitimate democratic enactment from a dictatorial exercise of legitimate power.

Under the restless desire of shedding the tag of 'soft state' and sometimes for shallow political gains Indian legislative has enacted Laws that ended up being the vehicle of state oppression and failed to attain their object miserably. Terrorism has been an area where almost all such laws operated (or failed to operate). In the name of stringent measures they empowered the police to act with scant accountability. The glaring example of indiscriminate use of such a law (TADA) came to light when a 12-year-old boy was put under arrest for inciting tribal against the state'! It's funny and horrifying at the same time. Discretion must not be allowed where the actors are unlikely to act cautiously and judicially. Power should never be placed in those hands that are not driven by reason.