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Updated: May 5, 2012 12:59 IST

Power to arrest and seize can be misused: Jayalalithaa

Special Correspondent
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J. Jayalalithaa
J. Jayalalithaa

‘I share the concerns of other State Chief Ministers'

Tamil Nadu Chief Minister Jayalalithaa on Friday branded the provisions of the Home Ministry's order on National Counter-Terrorism Centre (NCTC) as those smacking of a tendency to abrogate power with no attendant responsibility.

The Chief Minister, in a letter to the Prime Minister, referred essentially to broad provisions concerning the NCTC — the power to arrest, the power to search, the power to set up Inter-State Intelligence Support Teams and the power to seek information from any agency.

The letter was in response to an office memorandum of the Home Ministry of February 3, referring to the setting up of NCTC under the Intelligence Bureau from March 1.

Ms. Jayalalithaa said the power to arrest and seize, vested with the Joint Secretary in the Home Ministry and the State Home Secretary, was now sought to be transferred to IB officers in the NCTC. “This is highly objectionable and can be misused to suit ends that are motivated by reasons other than fighting terror. Moreover, setting up of inter-State intelligence teams is tantamount to usurping legitimate rights of the States.”

The Chief Minister noted that the State could pride itself on an excellent track record with regard to counter-terror measures. Her government had always taken a firm stand vis-a-vis terrorist organisations, she pointed out.

She adverted to her “strong commitment” to supporting all measures and efforts taken to strengthen the unity and integrity of the country and for upholding its sovereignty.

“I share the concerns of other State Chief Ministers who have expressed reservations against the attitude of certain Ministries in the Government of India acting in a high-handed manner without due consultation with the States. Matters of Public Order and Police are in the State List of the Constitution of India and is it unreasonable to expect that when a major initiative such as a national counter-terrorism mechanism is sought to be established, the States should be taken into confidence?”

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Thirumangai is absolutely right. No law incl. the constitution can be retracted or upheld whensoever one feels it is right, then what is the point of obeying any law if you can pick and choose? India is not a state or a nation but a federal union, so State governments always retain greater autonomy than the central government and when parties like UPA come to power thinking otherwise, the whole point of our system of democracy and government is defeated. So for all those paranoid people out there, you are just falling into the UPA trap. Unless you want to be a police state like the US, this move should be opposed vehemently.

from:  Eric Selvaraj
Posted on: Feb 19, 2012 at 05:34 IST

India should think of implementing a procedure followed in USA with respect to policing the nation. 1. Each village/town administration manages it's own police force (hiring, firing, administration etc) 2. Each county (district) administration manages it's own limited police force positioned at strategic points in the district. 3. Each state administration manages it's limited police force positioned at strategic points in the state. 4. Any crimes committed within the village/city is handled by it's own local police force 5. Any crimes involving multiple villages/cities are automatically taken over by the District police force aided by the respective local police. 6. Any crimes involving multiple districts are automatically taken over by the State troopers aided by district and local police forces. 7. Any crimes involving multiple states are automatically taken over by Federal agents aided by state, district and local forces. The rules are well defined. India should also implement it

from:  Raja
Posted on: Feb 19, 2012 at 04:26 IST

she is absolutely right.this will be misused by govt like CBI or IB etc.

from:  g.ashokraj
Posted on: Feb 18, 2012 at 20:28 IST

The common man of India wants a very strong national Counter Terrorism Act so that terrorists who destabilize
our Country is punished and to avert any further terrorist attacks. Even if the Center wants to keep all these CMS in one boat, there is absolutely not possible, because every CM of a state has different types of egos and they never keep the national interest as prime and they will definitely rock the boat. So the Central Govt has the responsibility to keep informed the CMS and to pass a very strong Anti-Terrorism acts.

from:  V.Shanmuganathan
Posted on: Feb 18, 2012 at 20:18 IST

The TN CM has a no nonsense approach when it comes to terrorism and has not hesitated to deal or confront it in a manner befitting the likes of a nationalistic leader with an unwavering steadfastness in committing to rid the society of its menace. But the concept of nation as a whole is much greater and profound than the sum of the parts or states put together. Sourcing, sponsorship and operations of terror outfits have 'presence across nations' and their links with internal bodies promoting violence through fanatical intolerance and subversion of law in a diverse society like ours with networks spanning and infiltrating throughout the country is a reality which the general public have to face and it is they who become victims, not the leaders of various hues and colors.It is necessary to tackle terrorism through various intelligence and counter intell. measures in a coordinating way by the central and state units.Cooperation through mutual consensus is the need of the hour.

from:  vyjayanthi
Posted on: Feb 18, 2012 at 19:28 IST

What we need is increased co-ordination and co-operation between the many bodies already functioning. We do not need yet another independent body to fight terror. No matter how many of these we have, all it will lead to is more confusion, because there is no way one independent body can muster all the resources it needs on every case. It will still come back to heirarchy and jurisdiction decisions, and nothing will ever get done. Let the existing organizations take up additional responsibility and improve their ability to respond to newer challenges and situations.

from:  B S Kumar
Posted on: Feb 18, 2012 at 18:35 IST

Yes CM is right. No body can imagine to what extent leaders will degrade if that political vendetta supersede all values and ethics. Trapping some one to just see that he is not contesting in the fray etc. can't be ruled out. But doing away with the proposal is not the remedy for that. Arrest comes reasonably at a latter stage, why can't the agency do the ground work to spot the issue in the budding stage itself. If need be let there be state police intervention in arrest and transfer. As long as this centre will directly report to Delhi, there will be some control in this.

from:  Bose A Panicker
Posted on: Feb 18, 2012 at 18:05 IST

The law makers are exempt from the laws. The others have to observe
them. This only encourages the center to carry out anything they desire
with the protection of law. This is monopoly. If the rule is passed no one
can question the central govt.

from:  thirumangai
Posted on: Feb 18, 2012 at 16:37 IST

The NCTC is already functioning in the United States of America,which has shown deep committment in fighting terror since 9/11.Our central government should take care that it does not make our version of the NCTC redundant.But concomitantly the fact that too much centralisation,restlessness,urgency and misinformed suspicion on part of powerful federal agencies has marred the public image of many innocent prisoners(especially Muslims)in the US, must be kept in mind.

from:  IT
Posted on: Feb 18, 2012 at 13:48 IST

if you are good no need to worry any rules and regulation. when we are thinking INDIA is a one country. Why we can't one rule to all.

from:  adi dravidan
Posted on: Feb 18, 2012 at 11:57 IST

The state, central relationships have to be reviewed in view of changing
circumstances and quality of leaders. A federal set-up should behave
like one and should not behave like a superior one to the states. The
state governments are elected by people and in no way is inferior to the
Central government. The Federal government should be aligned with
elected state governments for the implementation of welfare schemes and
progress of the people, no matter which party is ruling the state.

from:  mvrangaraajan
Posted on: Feb 18, 2012 at 11:44 IST

I think it's a fair concern raised by state chief ministers. India, unlike other nations, has a history of corruption along with power. Even if we force this act, it would be interesting to know how much of cooperation does NCTC gets from states.

from:  Sid
Posted on: Feb 18, 2012 at 11:09 IST

I strongly endorse the views of the Chief Minister of Tamil Nadu that the power to arrest can be misused and consequently the move should be dropped forthwith.

from:  KV Suryanarayanan
Posted on: Feb 18, 2012 at 10:48 IST

Absolutely correct! If something CAN be misused, it WILL be misused. I applaud the stand taken by the nine CMs in this regard. The state governments should not co-operate in any way with this draconian nonsense the Centre has cooked up.

from:  B S Kumar
Posted on: Feb 18, 2012 at 08:57 IST

'Power to arrest and seize can be misused', So that is the concern of our Chief Minister! If what she says has to be believed, then it can be said and applied for any and all the laws which prevail in this country right now! Will the Chief Minister suggest to write off all the laws in this country? Looks a childish argument but sounds Political! She takes the pain to explain the steps taken by her government and her commitment against terrors. The question is not that, she is taking it too personal, the CM has to keep in mind, this is not for a single state but for the security of the country as a whole! As a common citizen I don't care for the so called 'rights of the states' as argued by these selfish politicians. For me, my country's security comes first. The centre should move forward with its decesion, and not yield to the pressures of the Politicians who would do ANY THING, even sacrifice their country for their personal political gains.

from:  Jaya Prakash
Posted on: Feb 18, 2012 at 08:46 IST

//The Chief Minister (Jayalalitha) noted that the State could pride
itself on an excellent track record with regard to counter-terror
measures. Her government had always taken a firm stand via-s-vis
terrorist organisations, she pointed out.//
Well, this is a political drama and done in haste as the people of the state have known full well how she misused POTA (introduced by the NDA govt) to arrest MDMK leader Vaiko in 2002 and soon contested elections partnering with him in 2006.

from:  GK
Posted on: Feb 18, 2012 at 04:40 IST

I fully agree with the CM of Tamil Nadu. With corrupt ministers
sitting in the Centre they are concentrating on making new laws
to facilitate their corrupt activities.

from:  S N IYER
Posted on: Feb 18, 2012 at 02:45 IST
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