Ms Banerjee has backed the Chief Minister of neighbouring Odisha, Naveen Patnaik, in his contention that the setting up of the NCTC would infringe on the federal rights of states. Mr Patnaik said he had been discussing this not only with Ms Banerjee but also Tamil Nadu Chief Minister J Jayalalithaa. Bihar Chief Minister Nitish Kumar has also opposed the NCTC, which is Home Minister P Chidambaram's pet project as part of the Centre's fight against terrorism.
The CMs finding common cause is politically interesting; the issue has brought together UPA ally Mamata Banerjee, Mr Patnaik who heads the Biju Janata Dal, which is part of the BJP-led NDA, Ms Jayalalithaa whose AIADMK fought elections last year in partnership with the Left and Mr Nitish Kumar is a leader of the JD (U), again a part of the NDA.
Ms Banerjee's letter was made public by Naveen Patnaik's office today. Mr Patnaik says this is not a pressure group against the Centre, but "CMs who are extremely concerned for their states." The Odisha CM said he too had written a letter on the issue to the Prime Minister, but had received no reply yet. "The Centre's notification completely bypassed the states; this government is happily passing authoritarian orders without consulting states. I am shocked by this."
In a federal structure, the letter said, any decision of the central government, which infringed upon the powers and rights of the state governments should be taken only after adequate consultation and with the consent of the state governments. "This has not been done in the instant case," it said, adding that the present order did not require that the NCTC would discharge its functions in coordination and consultation with the state police or the state government.
"The order, therefore, appears to be an infringement on the powers of state governments in matters of investigation and maintenance of order," Ms Banerjee said in the letter.
The NCTC is envisaged as a body that will have sweeping powers to go to any state, arrest and fly out suspects. Law and order is a state subject in India.
Ms Banerjee's letter points out that under the order issued on February 3, extensive powers have been given to the NCTC located in the Intelligence Bureau (IB), and added that officers of the Operations Division of the NCTC will have the power to arrest and the powers to search under section 4 3-A of the Unlawful Activities (Prevention) Act, 1967.
Also all authorities including the functionaries of the state governments are required to provide information/documents to the NCTC, Ms Banerjee said.
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