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Nctc - Debacle - National Counter Terrorism Centre = Not Good For Sikhs?


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West Bengal Chief Minister Mamata Banerjee who is very well educated raised the hell on Central government's mission to overtake State Power. She told Prime Minister Manmohan Singh that the creation of the proposed anti-terror body should be put on hold till the Centre completes its consultation with the chief ministers who have raised objections on this issue.

Bad for Sikhs as central agency can directly pick up anyone from Punjab without any interference from state government. Nobody will know where, how and why they picked them up. Such law NCTC gives unlimited power to central government and not good for any community except the majority in India..

What is NCTC?

Central government wants more powers to curb the freedoms of speech, to assemble peacefully and to form associations guaranteed as fundamental rights began in 1963 with the Constitution (Sixteenth) Amendment Act, which empowered Parliament to impose by law reasonable restriction in the interest of “the sovereignty and integrity of India” — two vague grounds, in addition to the existing grounds.

History of Acts (usually ends up with abuse of power):

The Unlawful Activities (Prevention) Act (UAPA), 1967, enacted four years later, was empowered to do just that — prohibit associations and assemblies on mere suspicion in the name of sovereignty and integrity of India. However, it was not put to much use.

Then came the Terrorists and Disruptive Activities Prevention Act (Tada) in 1985. Enacted specifically to tackle Punjab Sikh Freedom Fighters, Tada was also put to use in Mumbai following the 1993 bombings. It lapsed in 1995.

Parliament was attacked on December 13, 2001, BJP-led government passed the Prevention of Terrorism Act (Pota), 2002. Pota was repealed by the UPA government in 2004, but simultaneously the 1967 UAPA was amended substantially.

Mumbai was attacked on December 2008, Congress led government re-introducing the stringent provisions of Pota (renamed NCTC) in Parliament, by members of Parliament of all political shades. For example, “terrorist act” under Section 15 was redefined and empower a “designated authority” (added in 2004) to arrest any person or search any premises by day or by night on the mere “suspicion of commission of a terrorist act”. That “designated authority” was given vast powers of search, seizure and the like, including the power to gather information by every means possible, anywhere in India.

NCTC will have the power to requisition the services of the elite National Security Guards, integrate intelligence pertaining to terrorism, analyse it, pursue or mandate other agencies to pursue different leads, and coordinate with the existing agencies for an effective response. He also said that the NCTC will maintain a comprehensive database of terrorists and their associates, friends, families and supporters of terrorist modules and gangs. They want to do this without any help from state government.

Centre will not be able to counter terrorism without state cooperation, says 9 Chief Ministers (including Badal). "Centre and the states must cooperate particularly in matters related to security of the country. State chief ministers should have been called and discussion should have been held," he said.

Several state governments, including the Trinamool Congress (TMC), which is the second largest in the Congress-led United Progressive Alliance Government (19 Members of Parliament), joined the chorus against what is being seen as an attempt to infringe upon state's rights.

The main task of the NCTC would be to ensure that the wide variety of security organizations in the country work in tandem, at least on issues related to terrorism.

It will also have the power to seek information, including documents, reports, transcripts, and cyber information from any agency, including from the Central Bureau of Investigation (CBI), National Investigation Agency, National Technical Research Organization, Directorate of Revenue Intelligence and all seven central armed police forces including the National Security Guard (NSG).

The body, which will function under the Intelligence Bureau, has been given its own operational wing with powers to arrest and conduct searches under Section 43A of the Unlawful Activities Prevention Act.

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The only solution is to put pressure on elected officials is to not propose such draconian measures. Sikhs have a long history of mass disobedience and agitations and that spirit needs to be brought back. To court arrest in protests against unjust reassures and policies should be seen as a badge of honour not something to be ashamed or scared of.

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