DR. S. AUSAF SAIED VASFI, in the light of the undeniable misuse of TADA and POTA in the past, analyses the Centre’s ongoing efforts to create a National Counter Terrorism Centre, and urges the Government to take into confidence the Muslim leadership in this regard.
The Muslim concern with regard to the creation of a National Counter Terrorism Centre (NCTC) is different from that of the 12 state chief ministers, some legislators and a few parliamentarians.
The latter, we feel, are apprehensive more about their turf than any other political or national consideration. For the sake of record, they say the move is likely to “infringe upon the federal structure” of the republic. They complain against the “unilateral step” taken by the Centre without discussion with the states. What pinches them most is that the NCTC has been empowered to “arrest, search and seizure.”
In the backdrop of the allegedly motivated misuse of TADA and POTA against the minorities, particularly their youth, the Muslim leadership feels the NCTC may also be used to fix, terrorise, harass and humiliate Muslims. They want assurance from the Union Home Ministry in this regard. Is this Muslim demand tantamount to asking for the moon?
The step is controversial. But it is also a fact that the plural Bharat has no apex body, powered with the necessary wherewithal to effectively deal with the terror of various hues and colours. For example, only recently the nation saw what a “sticky bomb,” usually used by Israel, can do. We had no power to pre-empt and prevent any diabolical assault. Will the oncoming Agency pre-empt and prevent attacks from air, water and land? The truth depends much upon the moral fibre, alertness, efficiency and commitment for the national security.
AT OTHER PLACES
In a comprehensive, 1,110-word article, Mr. Manish Tewari (The Asian Age, Feb. 21), an eminent lawyer and parliamentarian, has shed light on the subject: “After the Munich Olympics outrage, counter terrorism through the use of military, law enforcement, intelligence and other resources to identify, circumvent and neutralise terrorist groups has been among the principal security concerns of Germany. The counter-terrorism effort in Germany is directed by the federal co-ordinator for intelligence, who reports directly to the German Chancellor. In the wake of the 9/11 attacks, a National Counter Terrorism Centre was created at the federal level by the US government with the 2004 intelligence reform legislation, to serve as the primary organisation responsible for the war on terror. Its objective was straightforward – ensure that terrorists do not strike again. The rationale – focus all elements of national power in the fight against terror by clearly delineating national priorities, breaking down inter-agency barriers and overriding federal qua state jurisdictional issues.
“Similarly, Spain in the wake of the Madrid train bombings in 2004 and Britain after the London bus bombings in 2005, have substantially beefed up their counter terrorism structures. Britain has an organisation called National Counter Terrorism Security office exclusively dedicated to this purpose. In Russia, the National Counterterrorism Committee (NAK) is tasked with co-ordinating all federal level anti-terrorism policies and operations with the powers to intervene at the federal, regional or even municipal level. Even Sweden, has designated its security police as the lead agency in the fight against terrorism. Most of these countries, in addition to being democratic, have strong federalist impulses.”
NO CONSENSUS
It is really surprising for us that today, despite 26/11, there is no workable consensus on the question of national security. The centre is willing to discuss with states their reservations on the subject. What the Intelligence Bureau (IB) was doing till now will now be done by the NCTC in a larger, more comprehensive manner. The NCTC is rooted in the IB and has been brought into existence under Section 43 (A) of the Unlawful Activities Prevention Act, 1967.
We are also of the view that such an important measure should not be brought into existence by an executive fiat. Its legal basis is tenuous. Similar limitation happens to be with the Research and Analysis Wing (RAW). Some commentators are of the opinion that the NCTC should be brought into existence through parliament. But the political distances on such crucial issues should go before thinking in terms of statutory basis. Playing politics does not behove the politicians. Many do not hesitate in playing politics with communal upheavals. The result?
The poor, nay the poorest possible percentage of conviction – 2 to 3 per cent in the TADA and POTA cases – proved a tight slap on the face of those who had inflicted these draconian measures on the minority. This poor rate of conviction is the first instance of the general Muslim innocence. The second instance is the recent one in which several states’ police as well as the ATS prosecuted the Muslim youth under apparently fabricated charges, to be ultimately let off by the courts. How would you describe this persecution, emanating from the ill-advised arrests and prosecutions?
CHARACTERS TARRED
Hundreds of Muslim youths’ spotless characters were thus tarred, without any rhyme or reason. Can anyone compensate this loss? Is this deliberate incapacitation of the sons of the soil, who want to live and die here in Bharat, not a national loss? Let the Saffron and its ardent admirers in the bureaucracy give a cool response to this hot question.
NEWER AND NEWER MILESTONES
It is really sad that the majority’s right-wing terrorism is setting up newer and newer milestones. But the saddest part of this national tragedy is that while indulging in this hideous activity, they camouflaged it as if it had been authored by the minority personnel. Now, once again it has been authoritatively divulged that the authors of the tragedies like Malegaon, Modassa and Ajmer were enacted, not by the Muslim youths, but by the misguided sections of our brethren belonging to the majority community. According to the data released by the Union Home Ministry on Feb. 20; the names of the accused are Naba Kumar Sarkar alias Swamy Asseemanad, Lokesh Sharma, Devendra Gupta. Recently the NIA had arrested Kamal Chouhan and it is expected that more arrests will be made.
DIALOGUE WITH THE DEAF AND DUMB
The Muslim leadership feels the thinking, the feeling, the concerned sections of the minority should be taken into confidence, particularly because of the undeniable misuse of TADA and POTA in the past.
We hope we are not talking to the deaf and dumb.