SHIMLA 18th February 2012 : Prof. Prem Kumar Dhumal, Chief Minister, today wrote a letter to the Prime Minister of India, Dr. Manmohan Singh, strongly opposing the move of the Union Government to create National Counter Terrorism Centre (NCTC) and urged him to intervene and direct the concerned Ministry not to implement the same from 1st March, 2012, as per the decision taken in this regard.
Prof. Prem Kumar Dhumal said that nobody could deny that the menace of terrorism needed to be dealt with in the sternest of manner and for this purpose no State shall be found waiting in supporting any or all the measures that may be initiated by the Central Government to effectively fight the scourge of terrorism. However, what was required, was to adopt an approach based on consultation and consensus and not a blatant one sided action without taking into confidence the State Governments. This is more so because law and order was a State subject and no effort in the direction of maintenance thereof or combating terrorism, could be expected to succeed fully unless backed willingly and wholeheartedly by all the State Governments. Unfortunately, this vital fact seemed to have been ignored by the Union Government while notifying the NCTC unilaterally.
Prof. Prem Kumar Dhumal said that more serious concern was that certain provisions of the said Office Memorandum, which appeared to be directly and brazenly infringing upon the sphere of authority of the State Governments, as established by the Constitution of India (Artcle-246). The proposed move notifying NCTC, especially without consulting the State Governments or taking them into confidence, was nothing less than a terrible blow to the federal principles and structure.
Prof. Prem Kumar Dhumal said that his view had been shared by many States across the country. He said that in recent years the Union Government has adopted a tendency to brazenly and unilaterally encroach upon the authority and responsibility of the State Governments and trying to make them ineffective or helpless in shouldering their constitutionally assigned responsibilities. Agencies like the National Investigation Agency (NIA) and CBI have been allowed to expand their area of operation unilaterally without any manner bringing out any spectacular results in their work in the past.
Chief Minister reiterated that it was not the action per se but the manner in which it was proposed or decided to be taken for which he had strong objection. Sometimes very well intended move can also result in failing to achieve any useful or fruitful or desirable outcome simply because, in its anxiety to push through such action, the people at the helm of affairs tend to ignore the Constitutional Federal and Democratic realities. He said that had this exercise been done after serious and detailed consultation with the States and bringing them on Board, it would have resulted in whole heartedly support from all the States and their people because no right thinking Indian will ever be found wanting in support of any measure initiated by the Union Government to root out terrorism from the country. Such a consultative and consensus based approach in this case would certainly have resulted in a more effective and fruitful outcome in this direction, he added.
