NCTC can arrest, search, seek information
The Centre and states have virtually locked horns over the powers vested in the National Counter Terrorism Centre (NCTC), which is all set to become operational in March. However, this is not the first time that the NCTC is being opposed.
The concept of the NCTC had first run into rough weather when serious reservations were expressed within the government and Central security agencies after the idea was first mooted by home minister P. Chidambaram in 2009. The MHA had to then re-work its proposal before it was cleared by the Cabinet Committee on Security in January 2012.
What has now emerged as a bone of contention and misturst among states is the fact that the NCTC has been set up through an executive order of the MHA and not under any law or legislation.
Moreover, while the officers of the operations division of the NCTC shall have powers to arrest and search under Unlawful Activities Prevention Act, the anti-terror body will work under Intelligence Bureau which does not have powers to arrest or prosecute, a senior state police official said.
The NCTC has also been given the power to seek any information, including documents, transcripts, reports, cyber information and information of every other kind from any agency on terror-related cases.
The anti-terror body can also requisition the services of the National Security Guards 'or any other special forces' and has the powers to set up Inter-State Intelligence Support Teams (INSIST).
The opposition to NCTC has clearly come as a dampner to the government’s efforts in countering the fresh threats to internal security, particularly after Monday’s terror attack in the city. A government official confessed that the anti-terror body cannot function 'alone' and would certainly require the cooperation of states and local police forces.
“The efficacy of the anti-terror body has come under cloud even before it has found its feet,” an official remarked.
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