Ex-MLA could face minimum 3 yrs in jail for giving shelter to IM terrorist

NEW DELHI: Indian Mujahideen terrorist Shahzad Alam's startling disclosure that he was sheltered by a former Delhi MLA after fleeing from the Batla House encounter scene in September 2008 could make the ex-legislator face a minimum sentence of thre years under the Unlawful Activities Prevention Act (UAPA).

For the IM terrorist had allegedly told the Delhi police that he was provided shelter and financial help by a former Delhi MLA after he escaped from the Batla House shootout on September 19, 2008, an incident which still evokes sharp reaction from political parties.

After the repeal of POTA to keep its election promise, UPA-I was in 2004 forced to make amendments to UAPA, 1967, and bring in specific provisions to deal with the growing shadow of terrorism on the country.

Section 19 of the amended UAPA provides for a minimum punishment of three years, which could in serious cases be extended to life term, for those who harbour or help conceal a terrorist, even after knowing that the person harboured is a subversive element.

The only loophole in the section, which the ex-MLA can exploit, is that the person giving shelter to the terrorist must have the knowledge about the activity of the guest.

Section 19 says: "Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine."

The stricter anti-terror laws enacted by the US and UK shortly after the 9/11 attack that snuffed out the existence of twin towers also have similar provisions to deter persons from extending help to terrorists.

Section 803 of Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act enacted a few weeks after 9/11 refers to a host of provisions in other laws against terrorism and says anyone who harbours a terrorist "shall be fined under this title or imprisoned for not more than 10 years, or both."