Thursday, December 18, 2003

MORE POTA NEWS

See the Hindustan Times here, The Hindu here, and The Telegraph, here. In short, (1) opposition parties have failed to hinder an amendment to the sweeping terrorism legislation that provides central review over state government use of the act and (2) the Indian Supreme Court held that states can invoke POTA in prosecutions but cannot then withdraw charges without permission from the central government. See also this page at rediff.com (links to news stories on the law), and for the text of the bill itself, go here. It would be worthwhile to try to compare POTA with its analogues in US law. Probably the most important broad difference is that POTA sets up so-called "Special Courts" to review terrorism claims, while the same broad subject matter in the U.S. could land you in either the civilian courts or in a military brig if you are deemed an "enemy combatant" (at least for now).