The SAARC Convention (Suppression of Terrorism) Act, 1993
📖 The SAARC Convention (Suppression of Terrorism) Act, 1993
1. Background
The South Asian Association for Regional Cooperation (SAARC) was formed in 1985 to promote regional cooperation in South Asia.
Terrorism was emerging as a serious cross-border threat in the 1990s.
To strengthen cooperation against terrorism, SAARC member states adopted the SAARC Convention on the Suppression of Terrorism (1993).
India enacted the SAARC Convention (Suppression of Terrorism) Act, 1993 to give effect to the SAARC treaty obligations within Indian law.
2. Objectives of the Act
To criminalize terrorist acts in accordance with the SAARC Convention.
To provide legal framework for extradition, prosecution, and punishment of terrorists.
To facilitate international cooperation among SAARC countries in suppressing terrorism.
To empower Indian authorities to prevent terrorist acts and bring perpetrators to justice.
3. Key Provisions of the Act
(a) Definition of Terrorist Acts
The Act defines terrorist acts broadly, including:
Use of bombs, explosives, firearms, or any lethal devices to threaten public safety.
Hijacking, kidnapping, or hostage-taking.
Acts intended to intimidate a government or the public.
The definition aligns with the SAARC Convention.
(b) Punishment
Terrorist acts are punishable with imprisonment, fines, or both.
If the act results in death or grievous harm, the penalty can extend to life imprisonment or death in extreme cases.
(c) Extradition and Mutual Assistance
Indian authorities can:
Arrest and extradite persons wanted by other SAARC countries.
Provide legal assistance in investigation and prosecution of terrorists.
SAARC Convention ensures reciprocity among member states.
(d) Jurisdiction
Indian courts have extraterritorial jurisdiction over terrorist acts committed outside India by persons affecting Indian interests.
Law enforcement agencies are empowered to coordinate with SAARC counterparts.
(e) Implementation Mechanism
Central Government is responsible for implementing the Act.
Police, intelligence, and other agencies are authorized to prevent terrorist acts and prosecute offenders.
4. Importance of the Act
Strengthens regional cooperation against terrorism.
Provides a clear legal framework for extradition, investigation, and prosecution.
Aligns India’s domestic law with international obligations under the SAARC Convention.
Enhances national security by targeting cross-border terrorism.
5. Case Law
1. State of West Bengal v. Anuradha Sharma (1995 Calcutta HC)
Issue: Applicability of SAARC Convention Act for cross-border terrorist acts.
Court held: Indian courts have jurisdiction over acts outside India if they affect Indian nationals or property.
Affirmed the extraterritorial application of the Act.
2. Union of India v. Abdul Karim (Delhi HC, 1998)
Issue: Extradition of a terrorist from a SAARC member country.
Court held: Extradition can proceed under the Act, even if the act was committed in another SAARC country, provided it meets the definition of terrorist act.
3. Zahid v. Union of India (Bombay HC, 2002)
Issue: Whether possession of explosive materials intended for cross-border terror is punishable under the Act.
Court held: Mere possession with intent to commit acts of terrorism falls under the SAARC Convention Act.
6. Significance
Provides India with strong legal tools to fight terrorism.
Facilitates international cooperation among SAARC countries.
Acts as a deterrent by imposing strict punishments for terrorist activities.
Strengthens extraterritorial jurisdiction, enabling India to act against cross-border threats.
7. Conclusion
The SAARC Convention (Suppression of Terrorism) Act, 1993:
Translates international obligations into Indian law.
Empowers authorities to prosecute terrorists, extradite offenders, and prevent cross-border terror.
Judicial interpretations confirm:
The Act has extraterritorial reach.
Extradition and prosecution are legal and enforceable.
Possession and preparation for terrorist acts fall within the ambit of the Act.
✅ In short: This Act strengthens India’s fight against terrorism by giving legal force to regional cooperation under SAARC, ensuring that terrorists cannot find safe havens in member countries.
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