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Gujarat Chief Minister questions UPA Government’s motive behind creation of NCTC, demanded withdrawal of the order
Chief Minister Shri Narendra Modi while strongly demanding rollback of
National Counter Terrorism Centre (NCTC) condemned the UPA Government
for damaging the trust between Union Government and States. He said that
in last few months, UPA Government has taken a number of such
ill-advised steps to weaken State Governments. He also said that by this
kind of intentions and unilateral actions, it is making terrorists
happy as its focus is shifting from fighting terrorists to weakening
State Governments. In a scathing attack on the lack of leadership, he
said that the Union Government is functioning in total disregard to the
Constitutional propriety. It is damaging the federal structure and
breaking the bond of cooperation. He mentioned that it is changing the
basic nature of an intelligence agency and exposing it to public glare.
It is exposing the intelligence organization to day to day grind of
Police force, running from Court to Court for prosecuting offender. It
is tinkering with all such institutions and damaging their capability to
perform their task. ‘Guptchar’ is being exposed to become ‘Openchar’
appealed to the Prime Minister to rise to the occasion and cancel the
Office Memorandum creating NCTC which is against the Constitutional
provision and stop weakening the State Governments who are fighting
against terrorism and extremism. He made a fervent appeal to the Prime
Minister to work for restoring the trust between the Union Government
at the Chief Ministers’ conference convened by the Government of India
under the chairmanship of Prime Minister Dr. Manmohan Singh on the issue
of National Counter Terrorism Centre (NCTC), Shri Modi pointed out that
Gujarat is clearly in favour of a strong comprehensive anti-terror law
to combat terrorism. However, the State is not in favour of damaging
democratic polity and federal structure by creating NCTC to create
problems for the State Governments. It is more than obvious that NCTC is
all about creating problems in the states and ferment trouble for the
State Governments. He said that it is obvious that the present Union
Government has hidden political agenda.
signals we are going to terrorists by creating a crisis of confidence
between the Union Government and States? Why Union Government wants to
destroy the federal structure? Why it does not trust the State
Governments and its agencies? What does it want to achieve - to fight
terrorism or to create crisis in States” he asked the Prime Minister.
Shri Modi further stated that in
such operations there is a high probability of collateral damages. How
will the NCTC tackle these consequent situations if their actions lead
to counter violence, protests, agitations and problems of public order?
It would be like the Union Government agencies coming and disturbing a
bee-hive and leaving the state agencies to bear all the bee-stings.
Modi said that this august gathering should not be converted into a
debating forum rather this occasion should be used to give a clear and
strong message that both the Union Government and States are together in
the fight against terrorism and extremism. He said that our main
priority is to combat terrorism in any form with strong political will.
Gujarat Chief Minister while commenting on operational effectiveness of
the proposed NCTC posed a question about the Union Government’s success
to deal with issues like viz. infiltration, arms landing, communication, channelization of funds through havalaroutes and extradition of terrorists, though the Central organizations are primarily responsible for tackling these issues. He
also gave an example how Gujarat Government successfully fought for
extradition of a terror accused hiding in UK. He appealed to the Prime
Minister to concentrate on these issues which will help in the fight
against terrorism and weaken the backbone of terrorism.
said that States are successfully carrying out operations in nabbing
the terrorists. The weak link is right intelligence input from Union
Government. He said that he would like to know even a single instance
where any State has not cooperated with the Union Government in carrying
out operations in the field to nab the terrorists.
on having faith in our constitutional arrangements and the Union –
State relationship in a federal structure, he said that we should not
focus on legalistic arguments, but rise above technicalities and dwell
upon the larger picture of confidence–building between the Centre and
Criticizing the Union Government’s tendency to misuse executive machinery, Shri Modi said that the
creation of NCTC when seen in the backdrop of recent events in our
body-politic assumes significance as a conscious strategy to pursue
certain hidden agenda. This is really “Kahin pe Nigaahen kahin pe Nishana”, he said sarcastically and mentioned the Union Home Ministry’s failure in preventing terrorist attacks in Delhi.
mentioned that NIA was created to deal with scheduled offences
affecting different States. Within a short span, Union Government came
out with NCTC. Similarly, MAC and SMAC were set up to strengthen our
intelligence system and now it feels that these mechanisms are
inadequate and want that all the intelligence agencies be subsumed in
the Intelligence Bureau.
the last 25 years this country has witnessed series of terror incidents
and yet we have not been able to deal with the problem comprehensively,
he pointed out. As the States bear the brunt of the menace, the real
need is to enhance their capacities. The forces fighting terror at the
forefront need strong support and legal backing, Shri Modi suggested.
entire developed world enacted strong anti-terror laws in post 9/11
terror attack, India was seen repealing POTA. Shri Modi pointed out that
the Union Government has still not been able to come out with a
comprehensive anti-terrorism legislation. The UPA Government of
2004 repealed POTA depriving the country of the legal shield to fight
terror and today it seeks to use the Unlawful Activities (Prevention)
Act to create NCTC through back door, thereby depriving States to
discharge their responsibilities.
examples of Anti-terrorism Act and legislations in countries like
Canada, New Zealand, UK, Japan and Indonesia, Shri Modi said that USA
which already had a strong legal framework found it appropriate to enact
special laws like the USA PATRIOT Act, Homeland Security Act, SAFETY
Act and so on to rise up to the new challenges. However, while these
nations were strengthening themselves and sending a strong signal of
robust will to fight terror, UPA Government was busy repealing the
existing Anti-terror Acts like POTA.
opposing creation of NCTC in the present form in such a clandestine
manner, Shri Modi said that the State Governments must be strengthened
and supported in fight against terror. However, what we are witnessing
is a systematic attempt to weaken the State Governments and subvert the
Constitution just to wield power in States.
Shri Modi also pointed out that the
IB, though placed under the Ministry of Home Affairs, is outside the
scope of Parliamentary oversight. The creation of NCTC increases the
possibility of violation of democratic rights due to co-existence in a
single Agency of covert capabilities and direct operational capacities.
He wondered why at the conceptual stage, Union Government did not
consult States on the issue of creation of NCTC.
Minister of State for Home Shri Prafulbhai Patel, Addl. Chief Secretary
(Home) Shri Varesh Sinha, Principal Secretary (Law & Order) Shri G C
Murmu, Director General of Police Shri Chitaranjan Singh and Resident
Commissioner Shri Bharat Lal besides senior officers from State
Government attended the meeting.
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