NCTC, an absolute necessity: Chidambaram

Home Min P Chidambaram has asserted in the Lok Sabha that NCTC was an absolute necessity and not an attack on the federal structure and maintained that even states opposed to some provisions of the body support its formation. Members expressed concern during Question Hour on Tuesday over formation of NCTC in its present form and how it seeks to take away powers of the states thereby attacking the federal structure. Allaying these fears, Chidambaram said the issue can be debated (in Parliament and outside) and NCTC would come into force after looking into the suggestions of the states. "I believe the NCTC is an absolute necessity. A number of states have supported its formation .... I do not believe it violates the federal structure," Chidambaram said, adding even states that have expressed concerns support the formation of NCTC with some changes. The Home Minister said a meeting of Chief Secretaries and DGPs of states was held on Monday to discuss the NCTC issue and a meeting of Chief Ministers - which was postponed earlier due to Assembly elections - will be held on 16th April. Chidambaram denied reports in a newspaper that the Union Home Secretary had asked Chief Secretaries and DGPs in Monday’s meeting not to act like stenographers of their state governments. Leader of the Opposition Sushma Swaraj had raised this issue in the House. UPA allies TMC and NC have expressed concern over NCTC. TMC member Kalyan Banerjee said in the House that the Centre is trying to encroach upon rights of states and this had been seen in the case of Lokpal and Lokayukta Bill too. "This type of scheme (NCTC) should not be brought. This scheme should be withdrawn immediately," Banerjee said. Chidambaram said some of the chief ministers had written to him raising their concerns over NCTC and he had replied to them. In his written reply, the Home Minister said Chief Ministers of Odisha, West Bengal, Madhya Pradesh, Tamil Nadu, Gujarat, Tripura, Himachal Pradesh, Jharkhand and Karnataka had written to the Centre about the NCTC order encroaching upon the domain of the states and expressing the need for consultations with the state governments before NCTC is operationalised. "The concerns expressed are mainly about Section 43-A (of Unlawful Activities Prevention Act) and the powers of the Standing Council," Chidambaram said. The states have asked the Centre to specify the circumstances in which Section 43(A) of the Unlawful Activities Prevention Act (UAPA) can be invoked. Section 43(A) of Act gives an officer power to arrest and search. The states have also emphasised on the need to rework the NCTC order to amplify the powers, functions and duties of the Standing Council. "The Standing Council shall ensure that NCTC is the single and effective point of control and coordination of all counter-terrorism measures," the minister said. Chidambaram maintained that the recommendations of the GoM and the Second Administrative Reforms Commission will be looked into. He assured the House that fighting terror will be the shared responsibility of the states and the Centre. "NCTC is an exceptionable idea....difference of opinion can be narrowed down," he said. Majority of states for NCTC Majority of states agree for an effective anti terrorism mechanism during the meeting of chief secretaries and DGPs with Union Home Secretary, some states express concern about modalities of operational coordination between the states and NCTC. Officials of Madhya Pradesh, Gujarat, Odisha ,Tamil Nadu, Chhattisgarh and Karnataka opposed the National Counter Terrorism Centre (NCTC) at the high-level meeting chaired by Home Secretary R K Singh in New Delhi on Monday in which states' chief secretaries, home secretaries and police chiefs were present. Support for the NCTC came from Congress-ruled states, sources said. The Centre has put on hold the operationalisation of the NCTC from 1st March this year and discuss the issue with the state governments following strong protests by non-Congress chief ministers. At Monday’s meeting, the officials representing the opposing states voiced their reservations over the controlling nature of the NCTC which they said was not correct, fair and acceptable. They said since the Intelligence Bureau was already performing the job, there was no need to give power of arrest as proposed in the new counter-terror unit, the sources said. After hearing the concerns of these states, the Home Secretary said, "We take note of your concerns and they will be accommodated." Chiefs of anti-terror units of the states were also present at the meeting. Over a dozen chief ministers have opposed the creation of the NCTC, maintaining that it would hurt the federal structure of the country. Odisha Chief Minister Naveen Patnaik and Tamil Nadu Chief Minister J Jayalalitha have asked Prime Minister Manmohan Singh to convene a meeting of chief ministers to discuss the issue. The Odisha Chief Minister had written to the Prime Minister asking him to first discuss the issue with the Chief Ministers before operationalising the agency. He said the NCTC in its present form would erode the states' powers and this was not acceptable. "It is imperative that instead of a meeting chaired by the Union Home Secretary, an immediate meeting of chief ministers may be called by you to address the concerns of the states on this very urgent matter regarding the security of the nation," he had told the Prime Minister. Tamil Nadu Chief Minister Jayalalitha and Bihar Chief Minister Nitish Kumar had also expressed similar concerns. Seeking to allay their apprehensions, Home Minister P Chidambaram had written to 10 non-Congress chief ministers, assuring them that the next steps on the NCTC would be taken only after consulting the states. The Home Ministry contended that empowering the NCTC with Section 43 (A) of the Unlawful Activities (Prevention) Act would not infringe on the states' powers. Section 43(A) of Act gives an officer power to arrest and search. Chidambaram, in his letter, had said the powers conferred under Section 43 (A) of the Act must be read with the duty under Section 43 (B) to produce the person or article without unnecessary delay before the nearest police station (which will be under the state government). He had also said the SHO of the police station will take further action in accordance with the provisions of the CrPC.