The National Counter Terrorism Centre (CTC): A Plethora Of Violations
By S. Mohammed Irshad
02 March, 2012
Countercurrents.org
The National Counter Terrorism Centre (CTC) supposed to be started on March 1, however, unlike before the severe criticisms meted out against the centre were came not from Muslim organisations and civil rights groups. Apart from that many state governments are turned very critical towards the proposal. The state government's opposition subjected to the constitutional rights i.e. Constitutional rights under federal system. Unlike POTA and TADA, Counter Terrorism Centre receiving harsh responses from political parties, interestingly BJP is also critical of the CTC. Moreover, the major important turn of the whole propositions of CTC is the silence of muslims on CTC. This silence has an important role to play. The proposal of CTC has come up after 10 years of Gujarat Riot and shocking revelations of Swami Asemanda on the involvements of RSS activists in many bomb blasts rights from the Samjhauta Express blast on February 18, 2007. Some of the right wing Hindu forces have already registered their opposition to CTC, according to them this would target the hindu organisations and term them as ‘terrorists’. The union home minster has categorically stated that "all of us are agreed that terrorism is a grave threat to our country and our way of life. Countering terrorism is, therefore, a shared responsibility,". The chief ministers of Odisha, Bihar, Gujarat, West Bengal, Tamil Nadu, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh and Tripura have already send their disagreement on the modus operandi of CTC.
CTC as law and order.
The ‘software’ of CTC is The Unlawful Activities (Prevention) Act 1967. According to the act state can declare any act of citizen as unlawful, the act states that, “(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary: Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose. (3) No such notification shall have effect until the Tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the Official Gazette: Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may,for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the Official Gazette. (4) Every such notification shall, in addition to its publication in the Official Gazette, be published in not less than one daily newspaper having circulation in the State in which the principal office, if any, of the association affected is situated, and shall also be served on such association in such manner as the Central Government may think fit and all or any of the following modes may be followed in effecting such service, namely:- (a) by affixing a copy of the notification to some conspicuous part of the office, if any, of the association ; or (b) by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association ; or (c) by proclaiming by beat of drum or by means of loudspeakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on ; or (d) in such other manner as may be prescribed”.
This provision of the act really empowers the state to book any action of the citizen as unlawful if it against the government policy. Apart from that, the some chief ministers have raised concern over Section 43(A) of the act, according to which officers competent to investigate offences under Chapter IV and VI.-Notwithstanding anything contained in the Code, no police officer,- (a) in the case of the Delhi Special Police Establishment, constituted under subsection (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank. Enactment of this provision often acts upon the state government’s own constitutional rights. Furthermore the act has given unparallel power to the central government, according to the act the Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercised by it under section 7(power to prohibit the use of founds of an unlawful association) , or section 8 (Power to notify places for the purpose of an unlawful association), or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government and the State Government may, with the previous approval of the Central Government, by order in writing direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the State Government as may be specified therein.
The opposition of chief ministers of some of the state listed in the CTC has both political and constitutional rights to fight with CTC. It has many provisions to get into the law and order of states, especially those who are termed as Maoists affected have to pay more. Furthermore it would take over the citizen rights, however, the resistances of chief ministers cannot be consider under this ground. The right of citizens hardly makes them worry; this has been proved in the previous incidents. The disagreement is against loosing state government’s power.
CTC’s focus is more of setting up police stations in 11 states, according to the home ministry’s statement it would spend Rs120 crore for construction of 400 fortified police stations, mostly in Maoist-hit areas of these states. The states which will be benefited most are Bihar (85 police stations), Chhattisgarh (75), Jharkhand (75), Odisha (70), West Bengal (18) and Madhya Pradesh (12). The remaining of the 400 police stations, 40 will be constructed in Andhra Pradesh, 15 in Uttar Pradesh and 10 in Maharashtra. The establishment of police stations in Maoist affected areas signals the other political aspects of the CTC initiative. The purpose is to combat Maoists.
Infact the CTC is the replica of American Counter Terrorism Centre. In US the CIA had a Counter-terrorism Centre (CTC) to perform tasks of co-ordination and follow-up action on the intelligence in formations collected by the various agencies. According to US government the 9/11 attack revealed the weakness of CTC of CIA. The US administration then decided to set up a National Counter-Terrorism Centre (NCTC) as an independent institution. India government is also following the US strategy of counter terrorism. Unfortunately, the comments and resistance against the CTC are not focuses on the problems of counter terrorism strategy. The failure of US in Iraq and Afghanistan are not seriously considered
Unlike POTA and TADA government is ready to put on hold the CTC proposal. The major reason behind the decision is the outrage of right wing Hindu groups. TADA and POTA have been withdrawn due to its own failure. For instance, many human right organisations have reported the problems of thousands of under trial prisoners in the Indian prisons booked under POTA and TADA. For instance those muslims who have arrested in connection with Samjhauta Express and Malegaon blast case are still in Jail, although some other have been booked for the same crime.
The reason behind the larger silence of muslim organizations on CTC need to be critically looked at. It could be due to the previous experiences. If so that is the fundamental violation of rights. Indeed the CTC would heavily act on Maoists affected areas. The Salva Jadum kind of organizations will get legitimacy. The civil rights movements in the country going to be scanned by the state. This surveillance mechanism will reduce the political rights of the citizen.
S. Mohammed Irshad PhD is Assistant Professor , Jamsetji Tata Centre for Disaster Management , Tata Institute of Social Science, Mumbai
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