NCTC .. Union home ministry will make certain changes in the NCTC February 3 'notification'

Centre won't dilute NCTC powers

Vishwa Mohan |TNN | Mar 13, 2012, 05.22AM IST

NEW DELHI: The government will not operationalise the National Counter-Terrorism Centre till it discusses the matter threadbare with dissenting chief ministers on April 16 and brings suitable amendments in its existing 'notification' to dispel an impression of 'unilateralism'.

The manner in which the home ministry notified the setting up of the NCTC and 'words' used in the office 'order' (directing states on many points) drew severe criticism from many states' representatives who attended a meeting on NCTC on Monday.

The amendments will, however, not dilute the powers given to NCTC for 'operational' reasons. The changes will be in the 'wording' of the official notification so that it does not look like giving states a peripheral role in the fight against terrorism.

"These things will further be explained through standard operating procedures (SOPs) which will be brought in as part of the amended notification. It will hopefully clear doubts of states," a senior home ministry official said.

He also pointed out that the discussion over the issue in Parliament during the next few days and subsequently at a chief ministers' conference on April 16 would give a "roadmap" to bring in the SOPs for the NCTC.

The meeting was held on a day President Pratibha Patil mentioned in her speech in Parliament the need for NCTC, stating that the aim of this body was to improve "India's capability to counter internal security threats".

The Centre on Monday spelt out its course of action during the brain-storming which saw officers from non-Congress ruled states toeing the line of their political masters while protesting 'powers' and 'functions' given to the ambitious anti-terror body. Gujarat, Punjab and Bihar, in fact, were opposed to the very concept of the counter-terror body whereas others protested its 'powers' of arrest and search.

BJP-ruled Karnataka presented an interesting exception during the meeting where a senior IAS officer from the state opposed the powers of arrest and search given to NCTC under Section 43A of the existing Unlawful Activities (Prevention) Act while the state's senior police officer pitched for a much stronger anti-terror body.

Contrary to his chief minister's view expressed in his letter to home minister P Chidambaram last month, the state's top cop is learnt to have told the gathering on Monday that the powers given to NCTC were necessary to make the anti-terror body effective - a view which found support in narratives of officers of almost all Congress-ruled states.

The meeting was chaired by home secretary R K Singh. The ministry, in its statement after the meeting, said, "The need to rework the NCTC order to amplify the powers/functions/duties of the standing council, the specificity of circumstances in which Section 43A of UAPA powers can be invoked, the need to ensure that NCTC is also equally obliged to respond to state governments' requests and the need to provide resources to upgrade state capabilities were some of the key points that came up during the meeting."

Uttar Pradesh and Uttarakhand - where new governments came to power after the recent polls - were represented by their home secretary and resident commissioner, respectively. Both states said they had "no view" on NCTC at this juncture. They would communicate their states' views to the Centre in due course.

The meeting was called to clarify the objections raised by over a dozen chief ministers including Narendra Modi (Gujarat), Nitish Kumar (Bihar), Mamata Banerjee (West Bengal), Naveen Patnaik (Odisha) and J Jayalalitha (Tamil Nadu).

Most of the chief ministers had argued that the operational powers (arrest and search) given to NCTC amounted to encroaching on the powers of states over 'law and order' and thereby impinged on the federal structure of the Constitution.

Though home minister P Chidambaram had written to all of them explaining that these were the "bare minimum powers" given to NCTC for operational reasons under existing law, his arguments failed to bring the protesting chief ministers on board. Most of them had also objected to the 'unilateral' decision taken by the home ministry in notifying the setting up of the anti-terror on February 3.....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDMvMTMjQXIwMTEwMA==&Mode=Gif&Locale=english-skin-custom

NCTC ....... heading for a dead end ...... post-poll scenarios make things worse for Congress when one more ally - NCP - expresses its concern over this anti-terror body

DGPs, chief secys' meet on NCTC may end in deadlock

Vishwa Mohan |TNN | Mar 10, 2012, 03.04AM IST

NEW DELHI: As non-Congress CMs are trying to forge a common ground against the setting up of the National Counter Terrorism Centre (NCTC), the scheduled meeting of DGPs and chief secretaries on Monday is likely to end in a deadlock amid indication that the dissenting CMs will not budge from their stand that the matter could be resolved only at a political level.

Main opposition BJP, Odisha CM Naveen Patnaik and Tamil Nadu CM J Jayalalithaa have clearly stated that the issue should be discussed with the CMs in a meeting before taking any final decision. Hence, the meeting of officials may be a mere formality.

Though the states did not object to the official-level meeting, it is not yet clear whether all DGPs and chief secretaries would turn up on Monday.

"Some of them had objected to the earlier scheduled meeting on March 9 due to Holi and we had, therefore postponed it to March 12. None of them have, so far, expressed their inability to attend the meeting on fresh date on Monday. So, we assume that they will attend it," said a senior home ministry official. He, however, admitted that it would be difficult to predict at this juncture whether all of them would attend the meeting.

The Opposition parties - mainly BJP - have stated that the issue relating to powers and functions of the counter-terror body would be raised by them during the Budget Session of Parliament, beginning March 12.

It is believed that even if the states are sending their representatives for the Monday meeting which is to be chaired by the Union home secretary R K Singh, the protesting CMs' stand will cast its shadow over the gathering.

Admitting that the Monday meeting may not end the impasse over the operationalization of the NCTC, officials in the home ministry, however, said that they were prepared to discuss finer points of the powers and functions of the counter-terror body that had drawn criticism from CMs. They also said that the issue, in any case, would be discussed with the CMs when they assemble here for a Conference on internal security on April 16.

Ten CMs, including Gujarat's Narendra Modi, Bihar's Nitish Kumar and West Bengal's Mamata Banerjee, had in February written to Prime Minister Manmohan Singh saying that the powers given to the NCTC tantamount to infringing on the federal structure of the Constitution as its mandate would encroach upon the jurisdiction of states over 'law and order'.

Although the Union home minister P Chidambaram had written to these CMs stating that NCTC would merely be given "bare minimum power" for operational reason under the existing Unlawful Activities (Prevention) Act and states would be in loop at every stage, his arguments have failed to pacify them.

Both Patnaik and Jayalalithaa had written to the PM the second time after receiving Chidambaram's letter, insisting that the Centre should discuss the issue threadbare with the CMs. Chhattisgarh CM minister Raman Singh has even suggested calling a meeting of National Integration Council (NIC) to discuss the issue........http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDMvMTAjQXIwMTAwMg==&Mode=Gif&Locale=english-skin-custom

NCTC ..... Home Minister drops enough hints of its delay ..... UPA does not take risk of annoying Mamata

Chidambaram ready to wait for consensus on anti-terror body

Vishwa Mohan |TNN | Mar 1, 2012, 02.36AM IST

NEW DELHI: Amid indications that the Centre may not move further on its ambitious anti-terror body National Counter-Terrorism Centre until the matter is discussed with protesting chief ministers, home minister P Chidambaram on Wednesday said the meeting of director generals of police and chief secretaries of states on March 9 would find "a way forward" and he was ready to wait "as long as it is necessary".

"I am a very patient man, I have been patient since November 2009 and I am willing to be patient for some more time," Chidambaram said.

Asked how long he would be patient, he said "as long as it is necessary", an indication that the home ministry, which had first mooted the proposal to set up NCTC over two years ago, does not seem to be in a hurry to push it through. Operationalisation of the counter-terror body was put off from the original plan of March 1.

Asked if he would meet the protesting chief ministers, Chidambaram said this would depend upon the meeting on March 9. "All I said in my letter is that before we take the next step, I have asked the home secretary to call a meeting... so let's wait for the meeting," he said.

His remarks came on a day when one of the protesting CMs - Naveen Patnaik of Odisha - made it clear that states would not budge from its stand until the matter was discussed at the highest level. "I am disappointed to find, sir, that a meeting has been called by the Union home secretary with state director generals of police," Patnaik wrote to Prime Minister Manmohan Singh on Wednesday.

He demanded that instead of a meeting chaired by the Union home secretary, an "immediate meeting of chief ministers be called to address the concerns of states on this very urgent matter regarding the security of the nation".

Referring to the March 9 meeting, the home minister, however, said, "I am confident that this meeting will find a way forward. My note (to chief ministers who opposed to the powers and functions of the NCTC) is self explanatory. I think the note should, I believe, have allayed many of the apprehensions including apprehensions of a section of the media and therefore let us hope that the meeting convened by the HS will find a way forward."

The home minister pointed out that the busting of an Lashker-e-Taiba module on Wednesday underscored the need for NCTC. Asked whether it was necessary to give powers to NCTC to arrest, Chidambaram said these powers were only vested with the operational unit of NCTC and not everyone.

He said that in absence of powers to arrest, NCTC would not be able to conduct counter-terror operations and would have to depend on some other agency to do the counter-terrorism part. "This will all be discussed in the DGPs meeting," the home minister said.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JSC8yMDEyLzAzLzAxI0FyMDA4MDE=&Mode=Gif&Locale=english-skin-custom

NGOs ...... Koodankulam Nuclear Power Plant Projects ....... probe will certainly go far

Govt to probe 12 more cases of NGOs' 'fund diversion'

Vishwa Mohan |TNN | Mar 1, 2012, 03.53AM IST

NEW DELHI: The probe into non-governmental organizations involved in the stir against the Kudankulam nuclear power project may not be limited to four entities. The Centre has written to the Tamil Nadu government seeking a green signal to probe 12 additional cases of 'fund diversion' against other organizations under the Foreign Contribution Regulation Act (FCRA).

At present, cases are being probed by the Tamil Nadu police's crime branch against two NGOs. These are believed to be Trust for Rural Upliftment and Education and Good Vision Trust. The CBI is expected to register two other cases against Tuticorin Diocese Association and Rural Uplift Centre on the basis of inputs referred to it by the Union home ministry.

"The CBI has recently received two references from the ministry of home affairs alleging contravention of the provisions of FCRA against two Tamil Nadu-based NGOs. These are being examined for appropriate further action," said an agency official. The agency is awaiting the response of the state government in 12 additional cases.

To a question whether these actions were linked to the anti-nuclear protests in Kundankulam, Chidambaram said, "I have not said a word about Kundankulam...investigation reveal that there appears to be diversion of funds. Therefore, under FCRA we have decided to register cases."

He did not name the NGOs facing cases and on being asked about MoS in PMO V Narayanasamy's statements on the anti-nuclear groups he said, "I can't answer hypothetical questions. Only after investigations details can be revealed. It was for media to speculate."

Chidambaram said inspection of NGO accounts was routine and initial inspections revealed violations by four NGOs.

The home minister said cases have been filed as "There is reason to believe that funds were diverted from the purpose for which foreign funds were given. Prima facie there is evidence to register cases."

Talking to TOI over phone from Nagarcoil, Maria James of Rural Uplift Centre said: "Our organization did not at all involve in any kind of fund diversion. We have nothing to do with the protestors of the Kudankulam project."

Admitting that the account of his organization was frozen on February 13, James said: "We had filed a revision petition with the home ministry on February 21 and waiting for its response. Officials visited our Centre and could not find anything incriminating. We are fully cooperating with all those officers who visited us in connection with the probe".......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMi8wMy8wMSNBcjAwNzAw&Mode=Gif&Locale=english-skin-custom

NCTC ...... wait.....wait.....wait

Centre blinks, puts NCTC on hold

Vishwa Mohan |TNN | Feb 28, 2012, 01.25AM IST

NEW DELHI: India's ambitious counter-terror body - National Counter Terrorism Centre (NCTC) - will not be operationalized on March 1 as scheduled. The Union home ministry, which set up the agency through a notification on February 3, will not go ahead with crucial appointments for the body and has decided to call a meeting of DGPs and chief secretaries of all states for clarifying contentious issues before making the next move.

The meeting, which is to be chaired by Union home secretary R K Singh, is likely to be held on March 10 before beginning of Parliament's Budget session.

However, since the consent of states is crucial for the success of the NCTC, it appears that the resolution of what is essentially a "political" dispute may have to wait for consultations with CMs. Though the states' officials will attend the meeting taking 'briefs' from their respective CMs, it is highly unlikely that the non-Congress CMs who opposed to the counter-terror body in its present form will convey their nod when some of them seem to be having problems with the concept itself, and not just how the NCTC discharges its responsibilities.

The CMs can, however, get this opportunity between April 14 and 16, when the Centre calls a conference on internal security. It is also believed that the political wrangling over the issue may continue till the meet, which is to be attended by both Prime Minister Manmohan Singh and home minister P Chidambaram.

The conference of CMs was scheduled to be held on February 15, but it was postponed due to assembly polls in five states. Officials indicate that there does not appear to be any window for calling the meeting of CMs before mid-April considering the Parliamentary and budget sessions in many states.

An official said: "The appointments of the director of the counter-terror body has been put on hold after home minister wrote a letter to chief ministers where he had assured that the 'next steps' on NCTC will be taken only after the meeting of DGPs".

Sources in the ministry said that the Union home secretary will invite chief secretaries and home secretaries of all states along with the DGPs and heads of anti-terror wings for the meeting that is likely to be held on March 10 since counting for the assembly polls is slated for March 6 and Holi will be celebrated on March 8.

The CMs, while opposing the notification giving powers of arrest and search to the NCTC, had complained to the PM that the counter-terror body was being set up without any consultation with the state governments and this was not acceptable to them. They also said that the powers given to the NCTC amount to interfering with the jurisdiction of states on 'law and order' and hence, it impinges on the federal structure of the Constitution.

Those who had complained include CMs of West Bengal, Gujarat, Tamil Nadu, Bihar, Odisha, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh and Tripura.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMi8wMi8yOCNBcjAwMTAz&Mode=Gif&Locale=english-skin-custom

NCTC ...... government's explanation .... bureaucrats are convinced but politicians want something to grind

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

NCTC ....... what if CMs remain adamant? ..... go ahead with your plan Mr Home Minister .... let the CMs move court if they are not satisfied

Chidambaram reaches out to states on anti-terror mechanism

Vishwa Mohan |TNN | Feb 25, 2012, 03.03AM IST

NEW DELHI: Union home minister P Chidambaram on Friday reached out to 10 chief ministers saying the government would not operationalise the National Counter-Terrorism Centre (NCTC) before consulting directors general of police and heads of anti-terror wings in states, but with little sign that the last-gasp effort would be enough to placate states.

In a letter to the CMs, Chidambaram countered the fear of states that the powers vested in NCTC marked an assault on the federal structure, arguing that the proposed anti-terror mechanism will have "bare minimum powers" which will be absolutely essential for any counter-terror body to have "operational capability" in "certain circumstances".

Chief ministers, however, remained cold. Jharkhand CM Arjun Munda welcomed the Centre's outreach, but made it clear that NCTC in its present form was not acceptable to him. "I was right in pointing out the problem that would crop up if NCTC remained in its present form," Munda said.

Sources close to Bihar chief minister Nitish Kumar, while saying that the "letter falls drastically short of our expectations", emphasized that their main grouse was with the concept of NCTC itself. "We feel that the NCTC, which has been set up under IB and is exempt from RTI, is not suited to be a counter-terror agency in a situation where the fight against terrorism has to be transparent in order to succeed."

Although Kumar was not available for comment, sources close to him said the Bihar government saw the idea of equipping IB or any body, like NCTC, under it with operational powers as flawed.

Odisha chief minister Naveen Patnaik was also non-committal. "Let us wait for the next step of the central government and the response of the home minister," he said. There are also indications that chief ministers are not impressed by the idea of being kept out of consultations on an issue which concerned the division of responsibilities between the Centre and states as laid down in the Constitution.

Chidambaram also enclosed a three-page note with his letter to the non-Congress chief ministers, explaining finer points of the existing law - Unlawful Activities (Prevention) Act - from which the NCTC draws its power to make arrest and conduct search and seizure.

Requesting the chief ministers "to carefully consider the note", he said, "Before we take the next steps, I have asked the home secretary to call a meeting of directors general of police and the heads of anti-terror organizations/forces of the state governments and discuss in detail the scope and functions of the NCTC."

The home minister, at the same time, reminded the chief ministers that the matter (countering terror) was of national importance and should be kept above "parties and politics".

"All of us are agreed that terrorism is a grave threat to our country and our way to life. Countering terrorism is, therefore, a shared responsibility," he said in his letters to the chief ministers including West Bengal (Mamata Banerjee), Gujarat (Narendra Modi) and Tamil Nadu (J Jayalalitha).

Though he has not specified any date for this meeting, indications are that the ministry will try to do the consultation before March 1 - the day when NCTC is scheduled to get operational.

The home minister in his note pointed out that Section 43A of UAPA which gives power to arrest and conduct search and seizure to NCTC must be read with the duty under Section 43B to produce the person or article without unnecessary delay before the nearest police station (which will be under the state government) and the SHO of the police station will take further action in accordance with the provisions of the CrPC.

"It may be noted that the powers under Section 2(e) and Section 43A are available to both the central government and the state governments," he said. Section 2(e) of UAPA allows government to specify NCTC as "designated authority".

The home minister's letter came after Prime Minister Manmohan Singh asked him to address the concerns of chief ministers who had lodged strong protests against the notification for NCTC without any consultation with the states.

Chidambaram emphasized that NCTC's mandate was to draw up plans and coordinate action for "counter terrorism". He also pointed to the provision of standing council mechanism within the anti-terror body which comprises heads of anti-terrorist organizations of each state - in a bid to explain that the states would always be on board.

As regards the power to seek information from any agency, the home minister explained that the power was already available with the Multi Agency Centre and it was now proposed to subsume MAC in the NCTC. "Hence, no new power is envisaged," Chidambaram said.....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMi8wMi8yNSNBcjAwMzAz&Mode=Gif&Locale=english-skin-custom