New Delhi: While the country has been blood-bathed with unabated terror attacks over the past few years, the biggest impediment in crushing terrorism is the failure of the state to ensure punitive action against the terrorists.

Due to the failure of the prosecutors to make a case against the accused which is maintainable in a court of law has only compounded the problem.

Taking advantage of the weak legal framework of the country, several accused, charged with terror activities, are walking free forcing security experts to opine that the country needs stringent laws like TADA and POTA to check the menace.

“We need to deal terror activities and general crimes differently. Due to lack of stringent laws nine people, including two Bangladeshi nationals, facing terror charges were set free by Ahmedabad court,” said former director of the Intelligence Bureau, AK Dobhal while mentioning the acquittal of one of the accused Salman in 2008 Delhi blasts case.

Deliberating on the limitations of the collecting evidence against people accused of being involved in terror activities, Dobhal said, “The onus of proving himself innocent should lie on the accused. Moreover, the courts should not depend only on circumstantial evidence; rather they should also appreciate the truth attached with the case. Even if the evidence against an accused is weak, the court must hold the accused guilty if it is convinced that the accused is involved in terror activities.”

Senior Supreme Court lawyer KTS Tulsi shared a similar view of enacting a stringent law to curb the terror menace.

“One can’t expect common man to testify against terrorists. Therefore, the statements of the accused recorded by the police on camera should be treated as evidence. Tada and Pota had similar provisions, but the camera condition was missing,” he said adding that terrorists are bound to take advantage of the legal loopholes in the system.

(JPN/Bureau)