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In a letter to Prime Minister Manmohan Singh, Kumar said, "The new order defining the functions and powers of NCTC has to come into force with effect from March 1, 2012 and we are aware that Chief Ministers of several states have also written to you against the unilateral and hasty decision of MHA to create NCTC without consulting the state governments.
"Won`t you agree with the suggestion that the government of India must re-examine the whole issue and ensure that the order is suitably modified to take care of the states` genuine concerns," Kumar said.
In his letter, Kumar said, "We have come to know about the creation of NCTC vide Ministry of Home Affairs (MHA) O.M. dated February 3, 2012 which inter alia, contains provisions giving powers of arrest and search to officials of the operations division of the NCTC."
"Also the NCTC has been given the power to seek information, including documents, reports, transcripts and information of any kind from any agency which seems to include the state government also," he said.
Kumar said, "The order issued by the MHA makes it mandatory for all civil authorities in the territory of India to act in aid of the NCTC and here too it has not been specified as to what sort of assistance will be required to be given by civil authorities, including those under the administrative control of states to NCTC."
"Thus it has been left fully to the absolute and arbitrary discretion of NCTC authorities to make demands from the state governments and press for their immediate fulfilment.
"While creation of a strong mechanism to counter terrorism at the national level is the need of the hour, would it not be better to consult the state governments and take their views which would contribute to improved design and structure of the new establishment," he said.
"Will you not agree that foundations of Indian polity are based on sound federalism with well-demarcated powers and functions of the democratically elected state governments vis-a-vis the Centre," he said, adding "don`t you think that since police and law and order are state subjects any action involving arrest, search and seizure should be taken only with active involvement of the state police, he said.
