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HindustanTimes Sat,20 Dec 2014

NCTC rift wide open: Centre fails to woo dissenting CMs

IANS  New Delhi, May 05, 2012
First Published: 16:06 IST(5/5/2012) | Last Updated: 18:06 IST(5/5/2012)

The rift between the Central government and states over the proposed anti-terror hub NCTC showed no signs of abating on Saturday, with all non-Congress ruled states coming out strongly against it despite Prime Minister Manmohan Singh's strong support for it.

Prime Minister Manmohan Singh and home minister P Chidambaram heard in silence as chief ministers -- including Congress ally Mamata Banerjee -- fired volleys at the National Counter Terrorism Centre, saying it undermined the states' police powers.

Chidambaram came under vicious attack from Tamil Nadu chief minister J Jayalalithaa, who accused the home ministry of treating her with contempt.

The chorus against the NCTC grew louder at a day-long conference of chief ministers convened by Manmohan Singh to dispel fears of state governments that the agency would infringe on their rights.

But within hours it became clear that the Prime Minister and home minister had failed to allay the apprehensions of the dissenting chief ministers.

Manmohan Singh, who was the second speaker after the home minister, denied there was any attempt to disturb the policing domain of states or the country's federal structure.

"It is not our intention in any way to affect the distribution of powers between states and the union that our constitution provides," he said on the formation of NCTC, a pet project of Chidambaram.

Manmohan Singh said the NCTC "is not a state versus centre issue" because its main purpose was to "coordinate counter-terrorism efforts throughout this vast country".

Chidambaram also put up a strong defence and said the NCTC would be an important pillar of the security infrastructure to thwart terror threats from outside India and in cyber space.

West Bengal chief minister Mamata Banerjee and non-Congress chief ministers were not convinced.

They insisted that NCTC, which will have powers to undertake anti-terror operations anywhere in the country, should not be created at all.

Jayalalithaa accused the home ministry of trying to "belittle" the state governments and treating them as "pawns on a chess board" instead of addressing "gaps and deficiencies" in counter terrorism capabilities.

She said the move to accumulate the counter-terrorism powers with the central agency "is preposterous and reveals total lack of understanding of ground realities".

Gujarat's Narendra Modi was happy the central government had made some changes in the proposed body but said he was still ranged against it.

State agencies, Modi said, were at the cutting-edge of war against terror and they should not be disturbed.

"The NCTC makes state units totally subservient and kills local initiative. It will create a draconian covert agency with police powers."

He accused the Central government of behaving like "viceroys of yore", saying the constitution of agency was a "conscious strategy" casting "the central government in the role of omnipresent, omniscient ruler with the states portrayed like dependent vassals.

"Don't make it a point of prestige. I request the central government to rollback the order."

Banerjee, whose Trinamool Congress is the second biggest constituent of the Congress-led United Progressive Alliance, also spoke against NCTC.

Banerjee said policing should remain with states. "Police functions should remain the prerogative of the state.

"I would, therefore, strongly urge the union government to withdraw the order dated Feb 3 issued by the home ministry for setting up the NCTC."

Akhilesh Yadav of Uttar Pradesh, whose Samajwadi Party also supports the central government, said the agency was unacceptable in its "present form" because "misuse of clauses (in NCTC) cannot be ruled out".

Other chief ministers who spoke against NCTC included Naveen Patnaik (Odisha), Raman Singh (Chhattisgarh) and Prakash Singh Badal (Punjab).

Jammu and Kashmir chief minister Omar Abdullah also articulated its reservations over the Centre's NCTC stating the present form makes it as stringent as the controversial Armed Forces Special Powers Act.

What CMs said at NCTC meet

Narendra Modi of Gujarat demanded that state agencies were at the cutting-edge of war against terror. "NCTC makes state units totally subservient and kills local initiative. It will create a draconian covert agency with police powers."

J Jayalalithaa of Tamil Nadu said NCTC should be kept in abeyance. "Constitute a committee of chief ministers to devise a counter-terrorist strategy. Once recommendations of the committee are available, then chart the way forward."

Naveen Patnaik of Odisha demanded changes in NCTC's design and powers. "NCTC can assume command over any crisis situation and act unilaterally without concern for local sentiments... There is no provision of obtaining the concurrence of state governments (for) operations in the (states)."

Parkash Singh Badal of Punjab said legal problems plagued the NCTC in its present form. "The director NCTC, for instance, is himself an investigator and can undertake important operations personally where he effects seizures. As the designated authority, he is required to review all seizures. Obviously he cannot review his acts."

Raman Singh of Chhattisgarh said NCTC was unconstitutional. "Giving such powers to an intelligence agency like NCTC which would be constituted without statutory basis will be against the spirit of the constitution and rule of law."

Mamata Banerjee of West Bengal said policing should remain with states. "Police functions should remain the prerogative of the state as enshrined in the constitution."

Nitish Kumar of Bihar demanded the rollback of orders regarding constitution of NCTC. "The order ... suffers from several legal and procedural defects."

Sadananda Gowda of Karnataka sought a review of the order. "I urge the central government to review several provision of the NCTC and allay many of our apprehensions before going ahead."


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