Clarification
was also sought concerning
the compatibility
of
legislation*
several provisions of the Tsrroriat
and Disruptive
Activities
(Prevention)
Act, dealing with the establishment
of tribunals
and the conduct of all
with article
14 of the Covenant.
proceedings .ill,
291. In his reply, the representative
of the State party said that under the
Administrative
Tribunals Act of 1985 a Central Administrative
Tribunal had
been set up to provide speedy and inexpensive justice to central government
In the light of the
employees in respect of service-related
issues.
which were experimental
alternative
or
experience acquired by the msdelats,
informal systems for settling
disputes, the parliament had passed the Legal
Services Authority
Act.
The purpose of that Act was to implement artfole
39A
of the Constitution,
which provided that the State would provide free
legal
aid.
292. Judges appointed .o the designated courts established under the Terrorist
and Disruptive
Activities
(Prevention)
Act were Officials
with special
experience, independence and fearlessness.
Searecy was very important for
witnesses in terrorism cases, and article
16 of the Act aimed primarily
at
their protection
and that of investigating
officers
while seeking
to strike
a
balance between the requirements of publicity
and of safety.
In such cat388
in_
proceedings were appropriate
and consistent with article
14 of the
Covenant, which provided for specific
exceptions to the obligation
to hold
hearings in public.
293, In connection with that issue, members of the Committee wished to know
what legal provisions governed the expulsion of aliens and whether an appeal
against an expulsion order had suspensive effect.
They also requested
information on the success
to date of the Government’s strategy
aimeQ at
promoting the safe return of refugees to their countries of origin,
294. In his reply, the representative
of the State party said that matters
concerning the movement of aliens in India were specifically
governed by
Section 3 of the Foreigners Act of 1946. Under article
14 of the
Constitution,
a foreigner
in India had the right of recour6e to judicial
process in the event of a violation
of his rights!.
The courts
were
free
to
order any appropriate
remedies, including interim orders with suspensive
effect.
Referring to the need for an amicable resolution
of refugee problems,
he explained that once the refugees* countries of origin had established
condftione conducive to the eafe return
of refugees to t:leir homes, India
An agreement reached between India and Sri Lanka on
facilitated
their return.
29 July 1967 had resulted in the repatriation
of more
tban 25,000 Indian and
Sri Lankan refugees over a period of 15 months without any incident.
395. With regard to that issue, members of the Committee wished to receive
information concerning the law and practice
relating
to permissible
interference with the right to privacy and on,legielation
concerning the
collection
and safeguarding of personal data.
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