All you wanted to know about the NCTC

Calls to implement the National Counter-Terrorism Centre (NCTC) by the United Progressive Alliance has again stirred a hornet's nest with several states rejecting the NCTC which has led Prime Minister Manmohan Singh to write to chief ministers assuring that they will be consulted and their concerns addressed before launching the NCTC.

What is the NCTC?

The NCTC is a pet project of Home Minister P. Chidambaram, who had unveiled his plan to set up an umbrella body covering all anti-terror and intelligence agencies in December 2009 -- a year after the 26/11 attack that exposed gaps in the current system.

Chidambaram had said the NCTC would be a nodal agency on terrorism that would work to prevent an attack, contain it and "inflict pain upon the perpetrators". It would have intelligence gathering, investigation and operational functions.

Under his plan, the NCTC would function as an umbrella outfit under the home ministry with representation from all security and intelligence agencies, including those working directly under the Prime Minister's Office, the Defence Ministry and the Finance Ministry.

The NCTC has also been given the authority to override a state authority while probing a terror case, a power the National Investigation Agency does not enjoy and which leads to frequent turf tussles between central and state officers.

The agency, now under the Intelligence Bureau, will be headed by an additional director-rank officer who will be called "director, NCTC". But unlike IB officers who cannot arrest, NCTC officers will have the powers to search and arrest under Section 43A of the Unlawful Activities (Prevention) Act.

Officers from intelligence agencies like RAW, the Joint Intelligence Committee, Defence Intelligence Agency and the Central Board of Direct Taxes will work at the NCTC on deputation.

The agency will have three divisions to collect and disseminate intelligence, for analysis of data and for operations.

The NCTC becomes functional on March 1.

Who is opposed to the NCTC?

The opposition to the NCTC has grown with at least 13 chief ministers voicing concerns about it because it has powers that they say will infringe on the rights of states, affecting the country's federal structure.

The Congress tried to play down the issue after ally and West Bengal chief minister Mamata Banerjee joined three chief ministers of the BJP - ruled Gujarat, Madhya Pradesh and Himachal Pradesh as well as Janata Dal-United's Nitish Kumar in Bihar, Biju Janata Dal's Naveen Patnaik in Orissa and AIADMK's J. Jayalalithaa in Tamil Nadu.

Telugu Desam Party chief N. Chandrababu Naidu also spoke out against the NCTC.

Led by the most vocal Patnaik, the chief ministers declared that they were against the NCTC because they had not been consulted before New Delhi notified it.

BJP leader Arun Jaitley warned that any attempt to undercut the power of the states could derail the central government.

What leaders are saying?

Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee, who met Manmohan Singh here, had demanded that the move to set up the NCTC should not be implemented till there is consensus on the issue between the central government and states.

"In the name of NCTC, they can arrest anybody, interrogate any business... requisition police from any station. It is contradictory to the federal structure," Banerjee said.

Nitish Kumar

In a letter to Prime Minister Manmohan Singh, Bihar Chief Minister said: "Where is the need to create new centres like NCTC with provisions which arbitrarily trample upon existing constitutional safeguards to protect the highly delicate balance of power between the centre and states?"

Nitish Kumar said the creation of NCTC was highly flawed as it had been created within the Intelligence Bureau, which has no accountability to parliament.

Manik Sarkar

Tripura Chief Minister Manik Sarkar also opposed the proposed counter-terror intelligence centre under the National Security Guard.

"Without discussing and taking opinion of the state governments, setting up of such anti-insurgency hub is against the federal structure of the Indian constitution," Sarkar said.

Demanding withdrawal of the National Counter Terrorism Centre (NCTC) order, 2012, Sarkar said the central government had decided to set it up without taking the states into confidence.

"This is infringement on the rights of the states as law and order is a state subject," he said.

"We are all against terrorism and we want to jointly fight against the threat. But in all cases we should share each other's decision and opinion," said Sarkar, who also met union Home Minister P. Chidambaram Saturday, in his letter.

"The need of the hour is that the centre and the states should work together to effectively counter the terrorism and other divisive forces. The unilateral order issued by the union home ministry would only create misunderstanding between the centre and states and would defeat the very purpose for which it (NCTC) has been planned," he wrote in his letter.

J. Jayalalithaa

Tamil Nadu Chief Minister J. Jayalalithaa in a letter to Prime Minister Manmohan Singh wrote, ""This is highly objectionable and can be misused to suit ends that are motivated by reasons other than fighting terrorism."

She said: "Matters of public order and police are in state list of the constitution of India and is it unreasonable to expect that when a major initiative such as a National Counter Terrorism mechanism is sought to be established, the states should be taken into confidence."

Narendra Modi

Gujarat Chief Minister Narendra Modi wrote to Prime Minister Manmohan Singh opposing the proposed powerful counter-terror intelligence hub.

Stating that the notification is a clear violation of the provisions of federal structure and an attack on the rights of states, Modi demanded to annul the order with 'immediate effect.'

'The order will adversely affect the rights given to the states for the maintenance of law and order,' he said in his letter.

'In fact, the constitution has put the subject of law and order in the state list and it is under state's power to carry out probe in matters related to law and order and police,' he said.

Naveen Patnaik

Orissa Chief Minister Naveen Patnaik said, "I repeat again my concern obviously like every chief minister would for the security of the nation, also as a citizen of India and my concern on certain clauses".

"The prime minister in his letter to me yesterday clearly stated that chief ministers who have written to him about the NCTC matter and their anxiety on this matter will be consulted and that the Union Home Minister P Chidambaram will be in touch with us. So let us await the next step, next response of the central government," he added. (Agencies)