NEW DELHI: As it tries to assuage the concerns of states over the National Counter Terrorism Centre (NCTC), which sees the concept as an encroachment on their turf, now the Centre also has to contend with the resentment of the Intelligence Bureau (IB) to the proposed mechanism.
Anxious to win over the states on the issue of NCTC which it sees as imperative for better co-ordination among counter-terror agencies, the Centre is considering keeping the proposed body out IB's ambit. States had apprehended that NCTC being part of the IB will help the Centre extend its jurisdiction to "law and order" issues which under the Constitution is not part of New Delhi's remit. The Centre has tried to appease states also by proposing that NCTC will be mandated not to carry out arrests of terror suspect in any state without informing the relevant DGP.
While the response of states to the fresh NCTC pitch is still awaited, the Centre has to put up with the sulks of IB. The leading intelligence body had seethed with resentment when the government responded to the trauma of 26/11 attack on Mumbai by setting up the National Investigating Agency (NIA). The arrival of NIA, with a countrywide jurisdiction that other central agencies can only envy, has been at the cost of IB's reputation as government's chief counter-terror agency.
The fear of loss has also fuelled anxiety about what the setting up of NCTC might spell for the IB. Sources in the home ministry said that concept of NCTC as the premier body tasked with gathering and disseminating counter-terror intelligence, which will be functioning independently of the IB, will be a blow to what a MHA source called "the Old Lady".
As per a Cabinet note prepared by the MHA for consideration by the Cabinet Committee on Security (CCS) at its next meeting, the NCTC has been proposed as an independent body reporting directly to the Union home secretary. Its chief will now be a DGP-level officer, as against the additional DGP-rank proposed earlier: a change that can only add to the autonomy of the body vis-a-vis the IB.
The Cabinet note also seeks to revise the norms for exercising NCTC's powers of search and arrest during operations, and makes it mandatory for the body to inform the DGP of the state concerned, in advance.
According to sources in the government, the IB, in its comments on the CCS note, does not agree with the proposal to take NCTC out of its ambit and make it a parallel organization under the MHA. A senior government functionary indicated that the IB has even opposed powers of search and arrest for NCTC, stating that these should remain with the state governments or the NIA.
There is also a view that NCTC can be placed under NIA, as it would then automatically be empowered to search and arrest as per the NIA Act. A senior NIA official said creating a separate counter-terror body would pose practical problems like getting good officers on deputation and other infrastructure, something that has been ailing NIA as well.
The fresh thrust for operationalizing NCTC, created by an executive order passed in February, 2012, comes in the wake of the Hyderabad blasts pointing to gaps in intelligence coordination between the Centre and the states. Though both the Opposition as well as state governments agree on the basic need to have a specialized counter-terror body at the Centre, they are opposing NCTC in its current avatar.
IB sulks over govt bid to place NCTC outside its ambit
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IB sulks over govt bid to place NCTC outside its ambit
