NCTC row: Fireworks there, silence here
- Hueiyen Lanpao Editorial :: April 18, 2012 -

Understandably, the raging controversy over the proposal of Government of India to set up National Counter Terrorism Centre (NCTC) has caused a firestorm in the ongoing conference of Chief Ministers on Internal Security which began since yesterday (April 16) at the National capital.

The proposed federal anti-terror organization to be created on the lines of a similar agency of the same name in USA with some changes to make it more suited to Indian counter terrorism efforts, has been strongly opposed by Chief Ministers of some States, particularly the non-Congress governments, on the ground that it would encroach upon the federal structure of the country.

These Chief Ministers also contended that the proposal of NCTC is a unilateral decision of the Central Government without taking the consent of other State Governments.

In spite of the need for a stronger force to counter terrorism effectively, which has been felt all the more after the Mumbai terror attack in 2008, the objection raised by the Chief Ministers of non-Congress ruled Governments definitely merits consideration.

As a matter of fact, the proposed anti-terror organization is to derive its power from Unlawful Activities (Prevention) Act, which allows the Central Government agencies to make arrests of suspects and conduct searches in terror-related cases without alerting the police.

This would surely amount to central domination and usurpation of the legitimate rights of the States, thereby eroding the federal structure.

In the distribution of powers between the Centre and the States under the Constitution of India, maintenance of law and order (excluding use of military and air force) is still a state subject. This is fact that that should not be overlooked.

From this Centre versus States clash, it is interesting to note how the present controversy has been transformed and reduced to a confrontation between the Congress and non-Congress parties.

It was Chief Minister of Odisha Naveen Pattanaik, who first raised opposition and began a campaign against establishment of NCTC by writing a strongly-worded letter to Centre.

He was subsequently joined by other Chief Ministers of other non-Congress ruled states like Narendra Modi of Gujarat, Jayalalitha of Tamil Nadu, Premkumar Dhumal of Himachal Pradesh, Nitish Kumar of Bihar, Shiraj Singh Chauhan of Madhya Pradesh, Manik Sarkar of Tripura and Mamata Bannerjee of West Bengal, whose party Trinamool Congress is a partner in the UPA Government.

However, Mamata, supposedly a staunch antagonist to NCTC, has always made it a point to disappear at the right time, whether it be during voting on the motion moved by the Opposition for amendment of the Act in the Parliament or at the crucial meeting of the Chief Ministers of the States opposed to NCTC.

On the other hand, apart from being a Congress ruled State and the conspicuous silence of the Opposition; we can't expect our hourable Chief Minister, who continues to harp on protection along National Highways, to come out with a statement over the contentious issue.

Nonetheless, establishment of NCTC is an issue that needs serious deliberation and not a clash of bruised egos over the failure of Centre to consult the state governments before forming it. After all, NCTC is nothing more that the infamous POTA under a different name.