Holding that the revised draft order on NCTC suffers from several “serious flaws” and “arbitrary” provisions, Bihar Chief Minister Nitish Kumar on Wednesday asked the Centre to seek Parliament’s nod through a wider debate for creating the federal anti-terror agency.
Mr. Kumar, who heads a JDU-BJP alliance government in Bihar, also demanded a change in the criteria for implementing Integrated Action Plan in Left Wing Extremist (LWE) affected districts by making it Panchyat-oriented.
Noting that he along with several other Chief Ministers last year had expressed serious apprehensions about the structure, powers and functions of the proposed NCTC, he said that the draft of the revised order on NCTC still suffers from serious flaws.
“Firstly what is the use of creating an operation division within NCTC and giving powers of conducting such operations, if such operations are to be conducted either through or in conjunction with state police.
“This will create operational problems as it is not clear, which of two organisations will have the leading role and control over such operations. Secondly, the draft report still retains the absolute and arbitrary provision regarding mandate to civil authorities within the states,” he said.
Speaking at the conference of Chief Ministers on Internal Security in New Delhi, Mr. Kumar said new NCTC has been proposed even though there is NIA to discharge similar functions.
“The better option would be to strengthen and develop NIA than to create another organisation. Finally, on perusal it appears that Unalwful Activities (Prevention) Act has bee kept in perspective while formulating the basic provisions of the new NCTC...When the UAPA is available, its objectives should be made through a motion of law,” he said.
Noting that the instrumentality of an executive order cannot be over-stretched beyond the scope of the already existent law, he said, “If the Centre still considers it expedient to form an organisation like NCTC, then it should be done through legislation in Parliament which will ensure a wider debate over the subject.”