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NCTC : An Analysis

Basics: 
CIA (Central Intelligence Agency) is the intelligence agency of USA meant for combatting external threat.
FBI (Federal Bureau of Investigation) is the one which is responsible for combating internal threat.

MI5 (Military intelligence 5) works for UK the same way the CIA works.
MI6 works the way FBI works.

IB (Intelligence Bureau) is India's intelligence agency which keeps and eye on internal threat.
RAW (Research and Analysis Wing) is India's intelligency agency taking care of external threat.
CBI (Central Bureau of Investigation) is the criminal investigation body of India.
NIA (National Intelligence Agency) is a federal agency to combat terror in India.

Story goes like this:
Before 9/11 United States CIA had Counter Terrorism Center (CTC) for terrorist threat. It was actually meant for external threat.

On the same ground, Bajpayee Govt. formed CTC under an executive order as a part of IB and named it Multi Agency Center (MAC). As IB itself was a clandestine body and MAC was a clandestine part of it, it possessed no leagal power.

After 9/11 Bush Govt. set up NCTC (National Counter-Terrorism Center) in 2004 as there was a serious gap in the functioning of CIA and CTC. NCTC was not put under CIA and was made independent under the Director, National Intelligence who is part of President's personal staff.

While US gave up CTC, it kept functioning in India under IB. Saxena Task Force, which was set up to analyse the impact of 9/11 gave recommendation but it was not taken into notice by any Govt.

The Govt. woke up after similar attack as 9/11 took place in 26/11. The gap in functioning in MAC came into light. Flow of preventive intelligence and follow-up action on even the limited available intelligence was unsatisfactory.

In its wake, Home Minister P. Chidamabaram decided to setup NCTC after a visit to US. But his model of Indian NCTC is different from US version in two respects. The US NCTC is an independent institution not under control of any existing agency. In India it will be made a wing of IB and will work under DIB.

In US, NCTC is a legal institution but it does not have any legal power to act on its own in matter such as arrest, detention, interrogation, searches etc.

In India, NCTC has been set up under executive notification under UAPA (Unlawful Activities Prevention Act) of 1967. This has obviated the need for fresh legislation and fresh political consultation at the Center and with the States.

More seriously, Indian NCTC is to be given powers of arrests and searches as part of its preventive powers. Granting these powers to NCTC could have two undesirable consequences. First there may be allegations of misuse of the IB for harassing political opponents.

Secondly, the IB's role as cladenstine intelligence collection organisation may get affected. The IB will be preoccupied with defending its arrest before the courts and against allegations of human rights violations.

Today, the IB enjoys protection from the RTI Act. If it has these powers and adds policing to its functions, it may no longer be able to enjoy this protection.

The Home Ministry had two options:
  1. If it felt the NCTC must have the powers of search and arrest, it could have made it an independent agency.
  2. If it felt that it must work under the IB, it could have made it a division of the agency without giving it these powers.


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