The Centre will discuss in detail the “scope and functions” of the proposed NCTC with states, Home Minister Mr P Chidambaram told 10 non-Congress Chief Ministers on Friday who had raised serious objections to the powers of the anti-terror body.
In identical letters to Chief Ministers including those of Gujarat, Tamil Nadu, Bihar and West Bengal, Mr Chidambaram said a meeting of heads of police and anti-terror bodies of State Governments will be convened by the Union Home Secretary to “discuss in detail the scope and functions of the National Centre for Counter Terrorism (NCTC), which is due to be operationalised on March 1.
The Chief Ministers have been stoutly opposing the powers to arrest and search vested with the NCTC but the Home Minister told them that these are “bare minimum powers” that would be necessary.
“When engaged in counter-terrorism operations, the officers must have the power to arrest and the power to search which are the bare minimum powers that would be necessary,” he said in a note along with the letter where he elaborated the genesis, objectives, structure and powers of the NCTC and asked the Chief Minister to carefully consider it. Besides, he said, the powers conferred under Section 43(A) of the UA(P) Act must be read with the duty under Section 43 (B) to produce the person or article without unnecessary delay before the nearest police station (which will be under the State Government), and the SHO of the police station will take further action in accordance with the provisions of the CrPC.
Section 43 (A) dealing with the powers to arrest and search is a major irritant for the Chief Ministers as they believe that it would infringe on the state's powers.
West Bengal Chief Minister, Ms Mamata Banerjee, had conveyed her serious reservations on NCTC powers to the Prime Minister, Dr Manmohan Singh, and later claimed that the decision has been put on hold but there was no word on this from the Government.
The Prime Minister's Office had said that Dr Singh had asked the Home Minister to address the concerns raised by the Chief Ministers.
Mr Chidambaram in his letter told the Chief Ministers that it was a “matter of national importance and should be kept above party politics”.
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