TADA: Overview
TADA stands for Terrorist and Disruptive Activities (Prevention) Act, an Indian anti-terrorists law (1985 and 1995, modified in 1987) to prevent the terrorist and disruptive activities. This law came into force under the insurgency of Punjab and was applicable for the entire country of India and was enacted by the Indian Parliament. On 23 May 1985, it was commenced by the President of India and began to apply on 24 May 1985.
The Terrorist and Disruptive Activities (Prevention) Act, 1987 was deemed on 3 September 1987 and from 24 May 1987 and 3 September 1987, it began in two parts which had a sunset provision from 24 May 1987 for two years and were renewed in 1989,1991 and 1993. It was the first anti-terror act applied by the government to oppose terrorist activities.
Punishment for Terrorist Activities
If a person is found to be a terrorist then he will be punishable and got imprisoned for at least 5 years or lifetime imprisonment with a liable fine. The activities may be the disruption in the sovereignty, peace or integrity of the country i.e. those activities which were done directly or indirectly by any act, speech, advice, suggestion or any media to disrupt the sovereignty, harmony and integrity of India should be considered as the terrorist act and for that, there will be imprisonment with a fine.
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Powers of TADA Act
Law enforcement agencies got great power in order to deal with the national terrorism and disruptive activities. The police were allowed to present a detainee within 24 hours in front of a judicial magistrate and the person found to be accused got detained or punished for 1 year. As proof, the judicial court considers the evidence for either the accusations or innocence of the person further on the judges of the court gave judgements for the accused person under the Terrorist and Disruptive Activities (Prevention) Act, 1985. The Police Officers also had the power of attaching the accused’s properties under 7A of TADA Act but they have no right to give third-degree treatment to the accused person.
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Impact of TADA Act
More than 76,000 people were arrested by 30 June 1994 out of which the police dropped 25% of these cases without any charges applied. 95% of the cases got released from punishment while 35% of cases got to trial and 2% got arrested and convicted. This TADA Act was finally cancelled and flourished by the Prevention of Terrorist Activities Act (2000-2004) which also got cancelled after some controversies.
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Courts for TADA Act
The Designated Courts for the jurisdiction of terrorist activities in particular areas or areas will be decided by the Central Government and the State Government of India. The judge will be in-charge of designated courts that are appointed by the Central Government or in case the State Government of India in consultation with the Chief Justice of the High Court. Any terrorist or disruptive activities are to be punished by the appointed Judge of the designated court. They have all the right to punish the accused under this act. The Central Government and in some cases the State Government have to appoint a Public Prosecutor Additional Public Prosecutor or Special Public Prosecutor for every Designated Courts and the appointed Public Prosecutor shall be deemed under clause (u) of Section 2 of the code.
Conclusion
TADA Act refers to the anti-terrorism act which stands for Terrorist and Disruptive Activities (Prevention) Act. This act came into force in 1985 and 1995 and was modified in 1987. This act was enacted by the Parliament of India under the insurgency of Punjab. The guilty person has to present in front of the judiciary of the Designated Court and if found guilty then the punishment is given of at least 1 year with the extension of 5 years and shall also be liable to the fine. This act finally got repealed and was flourished by the Prevention of Terrorist Activities Act.
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