NCTC ..... one has to really look for 'political' answer to the questions raised for 'political' motives

Centre tries for ways to win over CMs on NCTC

Vishwa Mohan |TNN | Feb 24, 2012, 03.44AM IST 

NEW DELHI: As the Union home ministry looks to allay states' concerns over the National Counter-Terrorism Centre (NCTC), its officials are working overtime to answer questions raised by over a dozen chief ministers about the 'powers' given to this anti-terror agency which is meant for coordinating counter-terrorism efforts throughout the country.

Since these chief ministers are strongly opposed to the Centre's notification empowering NCTC with power to arrest and conduct search and seizures anywhere in the country, considering it an encroachment to their jurisdiction, officials are focusing on this particular provision to clarify the ministry's position.

A draft, being finalized by them, explains that it is absolutely necessary to empower any such agency under section 43 (A) of the Unlawful Activities (Prevention) Act to operate under 'live' operation situation like what had happened during the 26/11 Mumbai terror attack.

"If any agency 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 absolutely necessary to give commandos some legal cover. The contentious Section 43 (A) will serve this purpose," an official said.

The official, engaged in working out standard operating procedures (SOPs) for functioning of the counter-terror body, explained that the Section 43 (A) gives commandos flexibility of not to present any arrested terrorist before a Court within 24 hours of arrest as enshrined in the CrPC for state police or agencies like NIA and CBI.

"Procedure of arrest and seizure as enshrined in Section 43 (B) of the same anti-terror legislation calls for forwarding the arrested person or article to the nearest police station without 'unnecessary' delay. It hasn't specified the time limit of 24 hours, making it easier for operational commandos to conduct their duties in extraordinary situation," said the official.

These sections were added to the UAPA after its amendment in December, 2008 post-26/11. The ministry was, in fact, mulling over an option to empower the elite anti-terror force National Security Guard (NSG) and specialized naval force MarCos (Marine Commandos) with such powers under Section 43 (A) before the NCTC notofication.

The NIA, which works under a separate Act, has the power to arrest and search under Section 43 (A) of the UAPA. Since the agency has 'police station' power, it is not required to present arrested person before the nearest police station. The probe agency has in that sense more power than the NCTC.

Officials explained that such 'police' power does not lie with the NCTC and therefore it will necessarily have to take state police into loop after arresting any person during operation. Besides, this counter-terror body will have a mechanism of 'standing council' comprising chiefs of anti-terror wings of all states for taking any key decision - making it mandatory for the agency to take concerned state on board before launching any operation within its jurisdiction.