Chidambaram sends 11-point note to CMs to allay NCTC fears
Vishwa Mohan |TNN | Feb 26, 2012, 01.22AM IST
NEW DELHI: Union home minister P Chidambaram's letter to 10 non-Congress chief ministers, who are against the powers and functions of the National Counter Terrorism Centre (NCTC), carries an 11-point note, explaining the necessity to empower the body with basic "operational capability" and how these are in sync with the law that was passed by Parliament in the aftermath of the 26/11 attack in 2008.
The letter, however, is silent about the home ministry's decision to notify in setting up of the all-important body on February 3 without the states' consultation. But, Chidambaram has tried to allay the other concerns of the protesting states.
Referring to the CMs' objection to the "powers of arrest and search" given to the NCTC under Section 43A of the Unlawful Activities (Prevention) Act, the note says that these are the "bare minimum powers" that are "required for any counter-terrorism body".
It also explains that any officer of the "Designated Authority" will have these powers under certain circumstances in which the officer knows that the person has committed an offence (terror-related) under the Act or knows of a design by a person to commit any offence under this existing Act.
The CMs have opposed to such powers, stating it would amount to impinging on federal structure of the Constitution. But Chidambaram pointed out that the Section 43A, which has to be read along with Section 43B (procedure of arrest and seizure), was inserted in the Act through amendments that came into force on December 31, 2008.
"When the Bill was introduced in December 2008 to amend UA(P)A, it was passed by both Houses of Parliament. There was no demur or opposition to either Section 43A or other amendments," the note said. Clarifying that the states will always be taken into confidence while exercising powers to "arrest and search", it said that the "powers" conferred under Section 43A must be read with the "duty" under Section 43B to produce the (arrested) person or (seized) article without unnecessary delay before the nearest police station (which will be under the state), and the SHO of the police station would take further action in accordance with the provisions of the CrPC.
Home ministry officials involved in the process of making the note explain that it is necessary to empower any such agency under Section 43A to operate under "live" operational situation like what had happened during the 26/11 strikes.
"If any agency (like NSG or MarCos) goes for operation like 26\11, it is not possible for commandos to look for state police before catching anyone. Operation of this kind may go on for days. In that situation, it is necessary to give commandos some legal cover. The section 43A will serve this purpose," said an official.
The note also emphasized that a law to deal with terrorism such as UA(P)A was within the legislative competence of Parliament and similar anti-terror laws - the Terrorism and Disruptive Activities (Prevention) Act and the Prevention of Terrorism Act - had been upheld by the SC.
On placing the counter-terror body within the Intelligence Bureau (IB), the note pointed out that the government was guided by the recommendations of the Group of Ministers (2001) that the IB will be "the nodal intelligence agency for counter intelligence and counter terrorism within the country".
The home minister assured CMs that the intention of the Centre is to continue to work with states to meet the challenge of terrorism which is a "shared responsibility"................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDIvMjYjQXIwMTEwMA==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan |TNN | Feb 26, 2012, 01.22AM IST
NEW DELHI: Union home minister P Chidambaram's letter to 10 non-Congress chief ministers, who are against the powers and functions of the National Counter Terrorism Centre (NCTC), carries an 11-point note, explaining the necessity to empower the body with basic "operational capability" and how these are in sync with the law that was passed by Parliament in the aftermath of the 26/11 attack in 2008.
The letter, however, is silent about the home ministry's decision to notify in setting up of the all-important body on February 3 without the states' consultation. But, Chidambaram has tried to allay the other concerns of the protesting states.
Referring to the CMs' objection to the "powers of arrest and search" given to the NCTC under Section 43A of the Unlawful Activities (Prevention) Act, the note says that these are the "bare minimum powers" that are "required for any counter-terrorism body".
It also explains that any officer of the "Designated Authority" will have these powers under certain circumstances in which the officer knows that the person has committed an offence (terror-related) under the Act or knows of a design by a person to commit any offence under this existing Act.
The CMs have opposed to such powers, stating it would amount to impinging on federal structure of the Constitution. But Chidambaram pointed out that the Section 43A, which has to be read along with Section 43B (procedure of arrest and seizure), was inserted in the Act through amendments that came into force on December 31, 2008.
"When the Bill was introduced in December 2008 to amend UA(P)A, it was passed by both Houses of Parliament. There was no demur or opposition to either Section 43A or other amendments," the note said. Clarifying that the states will always be taken into confidence while exercising powers to "arrest and search", it said that the "powers" conferred under Section 43A must be read with the "duty" under Section 43B to produce the (arrested) person or (seized) article without unnecessary delay before the nearest police station (which will be under the state), and the SHO of the police station would take further action in accordance with the provisions of the CrPC.
Home ministry officials involved in the process of making the note explain that it is necessary to empower any such agency under Section 43A to operate under "live" operational situation like what had happened during the 26/11 strikes.
"If any agency (like NSG or MarCos) goes for operation like 26\11, it is not possible for commandos to look for state police before catching anyone. Operation of this kind may go on for days. In that situation, it is necessary to give commandos some legal cover. The section 43A will serve this purpose," said an official.
The note also emphasized that a law to deal with terrorism such as UA(P)A was within the legislative competence of Parliament and similar anti-terror laws - the Terrorism and Disruptive Activities (Prevention) Act and the Prevention of Terrorism Act - had been upheld by the SC.
On placing the counter-terror body within the Intelligence Bureau (IB), the note pointed out that the government was guided by the recommendations of the Group of Ministers (2001) that the IB will be "the nodal intelligence agency for counter intelligence and counter terrorism within the country".
The home minister assured CMs that the intention of the Centre is to continue to work with states to meet the challenge of terrorism which is a "shared responsibility"................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDIvMjYjQXIwMTEwMA==&Mode=Gif&Locale=english-skin-custom
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