Jayalalithaa-Naveen Patnaik take on Centre over proposed amendment to Railway Protection Force

After the launch of National Counter Terrorism Centre (NCTC) was put on hold due to protests by non-Congress ruled states, Chief Ministers of Gujarat, Tamil Nadu and Odisha have trained their guns at the Centre again opposing the proposed amendment to the Railway Protection Force or RPF Act.

Jayalalithaa and Naveen Patnaik joined their Gujarat counterpart Narendra Modi in asking Prime Minister Manmohan Singh to instruct Railway Ministry not to proceed with the move.

They expressed their concern over the move in separate letters to the Prime Minister, alleging that the Centre is trying take away the power of the states.

"I am constrained to point out that the Government of India is bent upon taking one step after another that is in conflict with the federal structure of the country and is against the interest of the people of this nation," Mr Patnaik wrote in his letter to the Prime Minister.

Mr Patnaik's stand has been seconded by Tamil Nadu Chief Minister J Jayalalithaa who also wrote to the PM with her protest. Ms Jayalalithaa in her letter said that amendment is an "attempt by the Centre to usurp powers of states."

She asked the PM to drop proposed changes to Railway Force Act, saying "providing powers of police to Railway Police Force (RDF) personnel violates the Police act."

The objections from Ms Jayalalithaa and Mr Patnaik place them indirectly against Mamata Banerjee, since the Railways Ministry is assigned to Dinesh Trivedi of her party.

Mr Patnaik, Ms Jayalalithaa and Ms Banerjee recently headlined a campaign that forced the Centre to suspend its plans for a new anti-terror agency called the National Counter Terrorism Centre (NCTC). Mr Patnaik succeeded in rallying around every chief minister of a non-Congress government together; they said the powers being given to the NCTC encroached upon the rights of states to handle law and order. The NCTC, meant to become operational on March 1, has been put on hold till the Home Ministry concludes consultations with state governments.

Mr Patnaik says that the amendment the Centre is considering to the Railways Act will give police officer-like powers to members of the Railways Protection Force or RPF.

His criticism stresses heavily on the fact that state governments have not been consulted about the proposed amendment. The Railways Ministry is assigned to Dinesh Trivedi of Ms Banerjee's party, the Trinamool Congress.

"It is understood that the Ministry of Home Affairs and the Ministry of Law and Justice, Government of India have already approved the proposal of the Railway Ministry," Mr Patnaik said in his letter.

Stating that the railway tracks were not outside the jurisdiction of the states through which they run, Mr Patnaik said that similar arguments could be advanced by other establishments such as the Central Industrial Security Force, who are in charge of protecting airports, industrial undertakings and other vital installations.

Mamata writes to PM, says NCTC is infringing on the federal rights of states

West Bengal Chief Minister Mamata Banerjee has written to Prime Minister Manmohan Singh to "review and withdraw" an order that sets up a National Counter Terrorism Centre (NCTC) under the Ministry of Home Affairs.

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.