NCTC is 'virtually dead': UPA allies, Congress CM join Mamata in opposing govt

NEW DELHI: The controversy-hit National Counter-Terrorism Centre (NCTC), conceived as India's primary agency to assess terror threats, is virtually dead in its present form since several chief ministers, including UPA partners and at least one from the Congress, on Saturday objected to the body on the grounds that it will encroach on their powers.
After a meeting of CMs—a last-gasp effort to save the NCTC and called to exclusively discuss the issue—it was clear that the counter-terror mechanism will not pass political muster with states so long as it is equipped with powers to carry out searches, seizures and arrests and remains under the purview of the Intelligence Bureau (IB).
Chief ministers from diverse political backgrounds said the NCTC was not acceptable if it was under the IB. Significantly, home minister P Chidambaram indicated that he was not hung up on vesting control of the proposed body in the IB—a statement which, to many, revived memories of a previous bifurcation of the agency in 1969 when the Research & Analysis Wing was set up to take over external intelligence.
The opposition from CMs varied. NCTC was rejected outright by Gujarat's Narendra Modi, West Bengal's Mamata Banerjee and Tamil Nadu's J Jayalaithaa. Although Odisha's Naveen Patnaik and Bihar's Nitish Kumar nuanced their support by pointing to conditions, the mood of the CMs at the meeting called by Prime Minister Manmohan Singh spelt an emphatic "no" to the agency in its current form. Without police powers, the NCTC will lose its essence as conceived by the home ministry under Chidambaram.
Among UPA partners, the focus was on Banerjee. She was the cynosure of media attention and while she spent the day at the meet, she did not join the other CMs for lunch. Among BJP CMs, Modi launched a direct attack on the anti-terror body, accusing the Centre of drawing in legal finesse to override state police forces.
The 'notification' to set up the NCTC will remain on paper unless the Centre does not find itself on a 'politically' strong wicket or does away with police powers for the body. At present, the possibility of an improved political scenario seems remote in near future.
The government, however, promised to go into concerns of the states although it is evident that a bid to assuage CMs by making changes in operating protocols like including state police officials in a standing council and assuring that the NCTC will use its powers directly only on the rarest of rare occasion did not wash with the CMs. The alliance of CMs is an expression of a surge in "federal politics" that has got a fillip from the Centre's perceived political weakness and has played out in recent months over issues like the Lokpal Bill's provisions prescribing composition of state-level Lokayuktas. The relatively neutral nature of federal issues has allowed the BJP and regional parties like the BJD, AIADMK and Trinamool to coordinate their moves. The stance of BJP CMs was carefully discussed by the party ahead of the meeting.
Trying to draw support, Chidambaram said he would try and address the sticking points. "We will examine the two issues—why it will be under the IB and why it will carry out operations under exceptional circumstances—and the government will take a final decision," he said. He, however, parried questions on a timeline for a project that has been on hold ever since non-Congress CMs and UPA partners like the Trinamool and DMK said arming a body under the IB with police powers was unacceptable.
Banerjee, who has been opposed to the very concept of NCTC, not only rejected it but also demanded the immediate withdrawal of the 'executive order'. Modi and Jayalalithaa echoed her. Accusing the Centre of behaving like "viceroys of yore", Modi demanded a "rollback" of the notification, saying the NCTC was a conscious strategy to cast the Centre as an "omnipresent" ruler with states portrayed as dependent vassals.
Though Jayalalithaa too demanded the withdrawal of the order on the setting up of the NCTC, she opened a window for future consultations by suggesting a sub-committee of CMs. Her proposal was readily supported by Patnaik, who agreed to a body to fight terrorism but objected to it being placed within the IB.
The non-Congress CMs' opposition came notwithstanding appeals by the PM and Chidambaram for a broad consensus. Even Congress ally National Conference voiced reservations over the NCTC in its present form, with Omar Abdullah saying its provisions were as stringent as the Armed Forces Special Powers Act he has opposed tooth and nail. Congress CM Tarun Gogoi of Assam also wanted the Centre to take into confidence the states before undertaking any operations and expressed reservations on proposed provisions of giving the power of arrest and seizure to NCTC. BJP leader and Chhattisgarh CM Raman Singh said they would support the NCTC if their suggestions were incorporated and the NCTC is suitably amended.
Asked about the next course of action in the wake of such a strong opposition from CMs, Chidambaram said, "I came to this meeting with an open mind and I leave the meeting with an open mind. We need to examine these suggestions. I firmly believe that we need a counter-terrorism body. Whether its is NCTC or some other body, whether it will have these powers or some other powers or functions is a matter that can be debated, but certainly we need a counter-terrorism body. I have assured them that all their suggestions would be most carefully and anxiously considered," he said. "The distinction between these two aspects were very clear to every body and I am happy that everyone acknowledged this distinction and maintained this distinction."
The home minister said some Congress CMs pointed to the need for safeguards. "That is a perfectly valid statement. Many of them asked why is it located in the IB and I have told them that initially when the idea was conceived it was not with the IB," he said. "The final decision to keep it under the IB was taken by the government based upon recommendations of the Group of Ministers of 2001 which said the IB was a nodal organization for counter-terrorism. So, by taking that as a starting point the government decided to located it in IB," he added.
Highlights of the NCTC meeting
* 24 CMs attended the meeting
* UP, Kerala and Nagaland CMs did not attend the meeting; they sent their representatives, including senior ministers
* All non-Congress CMs said that the NCTC "in its present form" upset the nation's federal structure
* Three CMs – Mamata Banerjee (West Bengal), Narendra Modi (Gujarat) and J Jayalalithaa (Tamil Nadu) — 'out rightly' rejected the NCTC proposal, and demanded immediate withdrawal of the Centre's notification for setting up the counter-terror body
* Jayalalithaa, however, opened a window for considering the matter in future, saying the govt should set up a sub-committee of CMs to look into the issue
* Odisha CM Naveen Patnaik supported Jayalalithaa's suggestion of setting up a sub-committee; he , however, questioned placing NCTC within IB; said body in its present form unacceptable
* Bihar CM Nitish Kumar, too, wanted withdrawal of the notification. He, however, suggested any such body, if created, must be through legislation by Parliament; also questioned placement of NCTC within the IB
* J&K CM Omar Abdullah – another UPA ally – opposed NCTC in its present form, saying it makes it as stringent as the controversial AFSPA
* Punjab CM Prakash Singh Badal said, "The NCTC notification is the latest example of Centre's assault on federalism and reminds one of the days of emergency and we cannot accept it." He suggested a second look at the Constitution to bring it in tune with the changing realities and needs
* UP CM Akhilesh Yadav said the SOPs of the proposed NCTC "infringe" upon the rights of state governments; opposed the NCTC in its present form; his speech was tabled by state gram panchayat minister Balram Yadav
What did BJP CMs say?
* Chhattisgarh CM Raman Singh said, "We have made certain suggestions for amendment in the NCTC. All the three powers — intelligence gathering, operations and full control over the civil services — by NCTC cannot be accepted. If NCTC is suitably amended, we can agree to support it." His suggestions included joint operation and time exchange of information.
* Jharkhand CM Arjun Munda suggested setting up a sub-committee to look into the issues concerning NCTC
* MP CM Shivraj Singh Chauhan opposed it in its present form; raised the issue of federalism
What did Cong CMs say?
* Assam CM Tarun Gogoi pitched for safeguards so that the powers of the NCTC is not misused
* Maharashtra CM Prithviraj Chavan asked for some changes in the SOPs to "bring in elements of timely information and concurrence of the state government concerned in the spirit of fair coordination" on the matter of 'operation'.
* Manipur CM O Ibobi Singh suggested joint operations (state-centre) for arresting and detaining any person
* Meghalaya CM Mukul Sangma raised the issue of federal structure
Lone Left voice
* Tripura CM Manik Sarkar of CPM expressed his anguish over several steps, including notification of NCTC and proposed amendments to the RPF and BSF Acts. He said all such decisions were taken by the Centre with serious implication on federalism and tantamount to encroachment upon the rights of the states.