States create pressure group against National Counter Terrorism Centre

[1983-2011]

Set to launch on 1 March, project as been questioned by Jayalalithaa, Mamata Banerjee, Naveen Patnaik and Nitish Kumar

űreventing a terrorist attack, containing a terrorist attack should one occur and responding to a terrorist attack by inflicting pain upon the perpetrators? was a statement made by Union Home Minster, PC Chidambaram in 2009 to describe the role of a yet to be formed nodal counter-terrorism agency, the National Counter Terrorism Centre (NCTC). Set to launch from the 1 March 2012, NCTC has already come under heavy criticism from Chief Ministers Jayalalithaa (Tamil Nadu), Mamata Banerjee (West Bengal), Naveen Patnaik (Odisha), Nitish Kumar (Bihar), Narendra Modi (Gujarat), Prem Kumar Dhuma ( Himachal Pradesh), Parkash Singh Badal (Punjab) and Shivraj Singh Chauhan (Madhya Pradesh). The Chief Ministers have lashed out at the counter-terrorism agency as they feel it erodes the federal nature of the country and infringes upon the rights of individual states. They argue that, while law and order is a state subject, the NCTC would have extensive powers, including the power to arrest and the powers to search. What compounds the problem is that state government agencies would be required to provide intelligence reports to the NCTC. What is the National Counter Terrorism Centre? In the wake of the gross intelligence failure that was 26/11, drawing inspiration from the United States National Counter Terrorism Centre, a ministerial study recommended the creation of a nodal counter-terrorism agency in India. The American NCTC, created post 9/11, draws its personnel from various agencies and aims to create a centre for joint operational planning and joint intelligence by integrating all instruments of national power. It gathers intelligence from multiple agencies, analyses the threat and produces detailed assessment reports that result in policy or action. Through the NCTC, intelligence is shared between different departments of the nation, allowing for appropriate actions. Ajit Doval, former director of Intelligence Bureau (IB), believes that though the Indian NCTC is a watered down version of what the Home Minster had envisioned, as it is under the Intelligence Bureau (IB) and not an independent organisation, it is a step up from the present Multi Agency Centre (MAC). ŵhe NCTC, will be an integrated platform that will collect, evaluate and analyse intelligence, maintain a databank and coordinate counter-terrorist operations. The NCTC will make sharing of intelligence and follow-up operations efficient, faster and better coordinated. Intelligence sources suggest that this is the first phase of implementation and NCTC will recruit its cadres from different agencies like the police, RAW, IB and other intelligence bodies. Subsequently more systems will be put into place. Ŷnlike the US, we have not enacted any terror laws (TADA and POTA have lapsed), presently we have to interpret existing laws to fight terror, but new laws should be create in due time. Using the power drawn from section 43A of the Unlawful Activities Prevention Act (UAPA), 1967, (to arrest anybody having a ÃÃ…esign to commit or ÃÉaving committed any act of terror), will enable the NCTC to take proactive and preventive action in real time, using the NSG or any other special force. Doval suggests that the nationwide jurisdiction of the nodal agency has an inbuilt advantage. ŵhe best operational intelligence is obtained within two to three hours of a successful operation through questioning, recovered documents and seized mobile phones. However, the information only remains classified for a few hours before the media pick up on it. The NCTC will be able to substantially cover this gap, by taking advantage of its nationwide jurisdiction; the information gathered in one part of the country can be used to launch a follow up operation in any other part of the country. Criticisms and Concerns WhatÃÔ in a Name: Ajai Sahni, the Execute director of the Institute for Conflict Management & South Asia Terrorism Portal, believes that by simply labelling organisations with names remnant of American agencies doesnÃÕ make them affective. He argues, ÅÃy creating a new agency at the top of the pyramid you are not solving the problem. The problem of intelligence gathering and counter-terrorism is not at the agency level, it is the lack of capacity at the bottom. The problem is with training, man power, aptitude of law enforcement personnel on ground, application of technology and no one is fixing that. NCTC is replacing MAC, but MAC till now has been unable to create a terror database (formed in 2009), by changing how will the database come about. You are creating a new body that will run like the rest, so basically it will not run. Protecting a Federal Identity: As the opposition to the formation of NCTC grows, many are left asking why. Some suggest that it is a case of misinformation on the side of the states and lack of communication on the side of the centre. ŵhe NCTC cannot act without informing the state authorities, if they do and violate the constitution, then the state can take them to court, but these protests are nonsensical. They have not understood the NCTC, suggests Sahni who is opposed to the body in principle, ÅÉowever, in the past action taken by central agencies have been politically motivated and this could be the reason behind the protests. National security cannot be subverted to political egos, but centre must do its bit to placate the dissenting voices and provide assurances that NCTC will not be misused for political mileage. Spy Vs Spy: Multiple agencies have led to ego and glory battles that have resulted in the failure of operations and intelligence bottle necks. While in theory the NCTC solves this, will it really be affective? By adding a new agency to the milieu of an already defunct intelligence neighbourhood, is India compounding the problem? The clash of egos and jurisdiction looms large over a system that tries to incorporate multiple agencies in an immature system like ours. While the NCTC may theoretically be a step in the right direction, a lot depends on implementation. It remains to be seen if NCTC will be just another hurdle in IndiaÃÔ own war on terror or will we finally be able to stream line our effort.

http://www.tehelka.com/story_main51.asp?filename=Ws170212TERROR.asp

[CSK Fan]

Doesnt US have a similar kind of system? We need something ground breaking to avoud 26/11 kind of situations

[Clarke]

The problem of intelligence gathering and counter-terrorism is not at the agency level, it is the lack of capacity at the bottom. The problem is with training, man power, aptitude of law enforcement personnel on ground, application of technology and no one is fixing that. NCTC is replacing MAC, but MAC till now has been unable to create a terror database (formed in 2009), by changing how will the database come about. You are creating a new body that will run like the rest, so basically it will not run.

That is precisely the truth from what we read in the news. Whether the states handle the matter or the center, they have to improve by leaps & bounds.

Multiple agencies have led to ego and glory battles that have resulted in the failure of operations and intelligence bottle necks.

That's what the Americans fixed after 9/11, even though the security bureaucracy has increased by leaps & bounds, its at least doing its job.