The revised draft on National Counter Terrorism Centre (NCTC) once again failed to pass muster with many states. While Gujarat chief minister Narendra Modi called it “a poorly conceived idea”, Bihar chief minister said the NCTC suffered from serious flaws and arbitrary provisions. Even Congress-ruled Karnataka expressed reservation over the anti terror agency.

"It is not clear how big it is going to be, what forces are going to comprise it, how exactly it is going to function and from which statute will it derive its powers. I think such poorly conceived ideas which tinker with age-old existing systems rather than strengthening them are going to do irreparable loss to our internal security apparatus,"  Gujarat chief minister Narendra Modi said addressing the conference of chief ministers in the national capital on Wednesday.

Conceding that the new draft circulated had taken into consideration some of the concerns raised by the states, he said serious concerns remained.

"Moving the multi-agency centre (MAC) from within IB to the proposed NCTC will end up weakening it even as it appeared that the former was taking some concrete shape. The proposed NCTC will be just another superstructure in the maze of institutions already existing," he said.

Modi said proposed structure of NCTC is not in congruence with the principles of federalism as it essentially tries to create a "federal (centralised) police" which is an alien concept to the country.

He further said the creation of any new institution or organisation of this nature should be done only after having a complete unanimity amongst the centre and the states.

"The inability of the centre to coordinate efforts with states to achieve consensus on such issues emanates from the unwillingness on its part to recognise the states as equal partners in handling issues related to internal security. It also exhibits a strong sense of oneupmanship and contempt for the constitutional division of powers," he said.

Bihar chief minister Nitish Kumar said the revised draft order on NCTC suffered from several “serious flaws” and “arbitrary” provisions.  He asked the centre to seek parliament’s nod through a wider debate for creating the federal anti-terror agency.

He also demanded a change in the criteria for implementing Integrated Action Plan in left wing extremist (LWE) affected districts by making it Panchayat-oriented.

“First, what is the use of creating an operation division within NCTC and giving powers of conducting such operations, if such operations are to be conducted either through or in conjunction with state police,” he asked.

“This will create operational problems as it is not clear, which of two organisations will have the leading role and control over such operations. Secondly, the draft report still retains the absolute and arbitrary provision (given to NCTC) regarding mandate to civil authorities within the states,” he said.

He said the new NCTC has been proposed even though there the national investigation agency (NIA) exists to discharge similar functions.

“The better option would be to strengthen and develop NIA than to create another organisation. Finally, on perusal it appears that Unlawful Activities (Prevention) Act has been kept in perspective while formulating the basic provisions of the new NCTC...When the UAPA is available, its objectives should be made through a motion of law,” he said.

Even Congress-ruled stats voiced their apprehensions on the proposed NCTC.

“Some safeguards are necessary before setting up NCTC so that it is not given unbridled powers to encroach upon states’ domain,” Karnataka chief minister Siddaramaiah said.

Maharashtra chief minister Prithviraj Chavan called for further examination of certain provisions of the NCTC dealing with operations against terrorist groups in states.

"Paragraphs 5.2 and 5.3 of the proposed draft order require further examination to understand the implications of these provisions on operational efficacy and clarity on respective roles in such joint operations," Chavan said.

Paragraph 5.2 of the draft order to set up the NCTC stipulates that operations against terror groups would be carried out through or in conjunction with the state police forces.

Finance minister P Chidambaram, who as home minister had conceptualised the NCTC as an anti-terror agency, replying to the barrage of criticism said, “There is no new-new agency (sic). We are not creating a multiplicity of agencies. We formed the Multi Agency Centre and today Modi himself praises the MAC. We formed the National Investigation Agency...everybody wants the NIA. I deeply regret that some CMs oppose NCTC even in its present form.”

The powers of the NCTC, he pointed, had been modified and warned that, "If even this form of NCTC is opposed, the country will pay a price."

The union government had revised the draft proposal for the NCTC after unequivocal criticism by many state governments.