PM writes to Patnaik on NCTC, says no intent to affect powers of States

Prime Minister Manmohan Singh today wrote to Odisha Chief Minister Naveen Patnaik and made it clear that, in forming the National Counter Terrorism Centre (NCTC), it was not the Government's intent in any way to affect the basic features of the Constitutional provisions and allocation of powers between the States and the Union.

 

"The primary purpose of the NCTC is to coordinate counter-terrorism efforts throughout the country, as the Intelligence Bureau (IB) has been doing so far. It is for this reason that the NCTC has been located within the IB and not as a separate organization," he said.

 

Patnaik has been leading several non-Congress Chief Ministers in opposing the proposed NCTC, saying the agency infringed on the rights of the States and was not in tune with the federal structure of the country.

 

The Odisha Chief Minister wrote to the Prime Minister on the issue on February 13 and again yesterday, urging him to urgently initiate the process of consultation with the States on the issue.

 

"The order, with modifications as necessary, should come into force only after due consultation with us...," he said.

 

As per an order issued by the Home Minister on February 3, the NCTC would start functioning from March 1 with the mandate to plan and coordinate actions for counter terrorism and powers to make arrests and conduct search operations.

 

The agency is meant to be the single and effective point of control and coordination of all counter terrorism measures in the country.

 

The order said the NCTC would derive its powers from the Unlawful Activities (Prevention) Act (UAPA), under which Central government agencies can make arrests or conduct searches in terrorism-related cases.

 

Patnaik and the other Chief Ministers, including Mamata Banerjee of West Bengal, an ally of the ruling Congress-led United Progressive Alliance (UPA) Government at the Centre, said the Union Government had not consulted the States on the issue and had acted unilaterally.

 

Acknowledging Patnaik's letters, the Prime Minister recalled that the idea of such a centre had been under consideration by Government since the Group of Ministers report of 2001 suggested a Joint Task Force on Intelligence and the report was accepted by the Government of the day.

 

It was also suggested by the Second Administrative Reforms Commission that a National Centre for Counter Terrorism be established.

 

"I have, however, noted your concerns about the manner in which the NCTC will function and am asking the Home Minister to address them suitably, in consultation with you and other Chief Ministers," he added.

 

Singh also sent similar letters to six other Chief Ministers who had voiced their concerns about the NCTC: J Jayalalithaa of Tamil Nadu, Mamata Banerjee of West Bengal, Manik Sarkar of Tripura, Narendra Modi of Gujarat, Nitish Kumar of Bihar and Shivraj Singh Chouhan of Madhya Pradesh.

 

In yesterday's letter, Patnaik had made it clear that terrorism and extremism were scourges which needed to be fought by the nation unitedly. "I strongly oppose terrorism and extremism in any form and have always been with the Central Government in fighting against them," he said.

 

"My primary objection to the NCTC is the high-handed manner in which the Government of India has tried to address such an important issue. Prior consultation with the States would have greatly strengthened this process of national security in which our aims are identical," he said.

 

According to Patnaik, the creation of the NCTC with its Director as the Designated Authority under the UAPA and empowering its officers to arrest and search under section 43-A of the UAPA did not have legitimacy in the absence of consultation with the State Governments for incorporating their views on such a critical subject.

 

"One has to be cautious that such orders never translate into the suspension of democratic rights as happened in the country during the 'Emergency' period of the 1970s," he said.

 

"As the Chief Minister of Odisha and a citizen of India, the security of the nation is my prime concern as I am sure it is of all the Chief Ministers in our country. Let me assure you that I have no intention to 'politicize the campaign against terror' as has been stated by some of your Ministers and senior officers to the media," he had said.