Two Indian nationals have been charged in connection with the UK terror plot – Sabeel Ahmed for possessing information that could have prevented an act of terrorism and Mohammed Haneef for providing “reckless support” to a terrorist organisation. The charges against Sabeel are more serious while those against Haneef rather weak, involving recklessness rather than intent. Haneef’s detention for 12 days without a charge and then, the rather flimsy grounds on which he is being charged underscores the deep flaws in anti-terrorism legislation that governments have introduced in the wake of 9/11. What is a terrorist act? What constitutes support to terrorism? These are among many questions that have been left vague in anti-terrorism legislations to give governments endless powers.  Haneef’s “reckless support” to terrorism by giving his mobile SIM card to two suspects in the plot qualifies him, according to the Australian police, to be charged under anti-terrorism laws. How long before a casual comment critical of the ‘war on terror’ qualifies one to be hauled up for extending “careless support” to terrorism?
Reports suggest that with elections due later this year, Australia’s ruling party is keen to project that it is tough on terror; hence the charge against Haneef on a minor point. It needs to bear in mind that drawing political mileage out of terrorism may boomerang over the long run. However, it is possible that Australian authorities did not want to let Haneef go before fully ensuring that he is in fact innocent. This is understandable. Governments are responsible for preventing and protecting citizens against terrorist attacks. However, governments have to find a way to do this in a manner where the laws strike a balance between the rights of the accused and those of the state. This is not just about Haneef or Australian laws. It is about all other countries. There are countless cases in India where people have been held indefinitely without charges, or convicted of involvement with terrorism on circumstantial evidence or on the flimsiest of charges.
The Indian government should extend all support for investigations into the UK terror plot. At the same time, it should ensure that justice is done. It should ensure that its nationals charged with involvement in terrorism get a fair trial and have access to legal help.