NHRC issues notice to MHA & Jharkhand Government On arrests made under POTA in the State

The National Human Rights Commission has taken suo-motu cognizance of a press report alleging misuse of the Prevention of Terrorism Act (POTA) in the State of Jharkhand.



According to the report of The Times of India of 20 February 2002, nearly 200 people have been arrested under POTA for ‘supporting Naxals’, which include a 12-year-old boy, Gaya Singh and 81-year-old Rajnath Mahto. Totally, 10 children have been, arrested under POTA, states the report, which further questions the legality of arresting minors under POTA and whether a 81 year old man could qualify as a terrorist.

The report alleges that the social profiles of the arrested, as have been prepared by the police, show that most are farmers, students or daily wagers. State home secretary J.B. Dubit justified these arrests saying, “POTA does not specify that students providing information to Naxal groups can be exempt from arrest.”-according to the press report. Further, a senior police official from Ranchi is alleged to have said: “Anyone caught with a copy of the Communist Manifesto or Mao’s Red Book becomes a suspicious character. We then watch him and often find clinching evidence. According to All India Peoples’ Resistance Forum, an NGO, POTA was being used indiscriminately against ordinary citizens in the State.



On 20 February 2002, the Commission issued notice to the Chief Secretary, Government of Jharkhand, the Director General of Police, Government of Jharkhand, and to the Secretary Ministry of Home Affairs, seeking report from them in two weeks time. The State and MHA have been specifically asked to comment on the cases of 12-year old Gaya Singh and 81-year old Rajnath Mahto.