New Delhi, February 24
Amid growing concerns over the formation of the National Counter Terrorism Centre (NCTC), Union Home Minister P Chidambaram today wrote to 10 non-Congress Chief Ministers, assuring them that the Central Government wanted to work with the states to fight terror. But he was firm that the creation of the NCTC was within the framework of the existing laws.

He said the Centre would discuss in detail the “scope and functions” of the proposed body with states. A meeting of heads of police and anti-terror bodies of state governments would be called by the Union Home Secretary to discuss in detail the scope and functions of the NCTC, which is due to be operationalised on March 1.

The Home Minister said there were measures in place for adequate representation of states in the day-to-day running of the NCTC. The standing council of the body will have heads of anti-terrorism squads (ATS) of the states. “The NCTC had bare minimum powers,” the Home Minister said, stressing that “the matter of national importance should be kept above parties and politics.”

Chidambaram’s letter, asking for the CMs’ response, was addressed to Trinamool Congress chief and West Bengal CM Mamata Banerjee, besides her counterparts in Himachal Pradesh, Bihar, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Tamil Nadu, Tripura and West Bengal. Mamata, an ally of the ruling UPA, had conveyed her serious reservations to the Prime Minister and later claimed that the decision had been put on hold, but there was no word from the government.

Chidambarm’s 11-point note accompanied the letter on duties of the NCTC. Earlier this week, the PM asked the Home Minister to engage the states and address their concerns.

Chidambaram explained why the NCTC would be under the Intelligence Bureau, a major irritant for the states, who believe it can be misused as the IB was not answerable to any legislative authority. The letter says: “The Cabinet Committee on Security decided to place it (NCTC) within the IB. The government was guided by the recommendations of the Group of Ministers (2001).”

On fears that the NCTC has the powers to requisition any document or information, the Home Minister said the Multi Agency Centre (MAC) had already those powers. “No new powers are given to the NCTC.” The MAC was given legal contours on December 31, 2008 and is mandated to share information with the states.

Justifying the need to have an operational wing under the NCTC, Chidamabram said: “A body mandated to deal with counter-terrorism must have an operational capability. The officers must have the power to arrest and search, which are the bare minimum powers”.

He said the powers to arrest under section 43(A) of the Unlawful Activities Prevention Act (UAPA) should not be seen in isolation and must be read with another section of of the same Act.