Do we need a federal agency to tackle terrorism?

Ritesh K Srivastav The recent surge in terrorists activities especially the siege of Mumbai and serial blasts in major Indian cities has once again kick-started a national debate over the need for having a federal agency to deal with crimes having inter-state and cross border ramifications. Lack of strict anti-terror legislations and bottlenecks in the existing laws have made it difficult for the security agencies to break the terror network and avert major tragedies well in time. Terror in India has multiple manifestations, with support from across the border, religious fanaticism from within, economic terrorism, and sympathisers of militancy in neighbouring countries. In the aftermath of these incidents, a tug of war has started between the Centre and the main opposition BJP, blaming each other for not taking adequate measures to contain terrorism. The UPA government in the Centre, led by Prime Minister Dr Manmohan Singh, has come under tremendous pressure, especially from the main opposition BJP and its own coalition partners, for being soft on terror. The situation arising out of this has pushed the demands for a federal investigative agency having executive powers and in accordance with the suggestions made by various police reforms panels. However, rooting out terrorism from the country is for sure a Herculean task, which requires a consensus between Centre and various states governments, and better coordination between law and order enforcement agencies. The initial probe conducted by the intelligence agencies after every bomb blasts has pointed fingers towards the inter-state network of the terrorist organizations and their international connections. In most of the cases, the security agencies have failed to nab the real masterminds, who operate from across the border with the help of their sleeper cells or local recruits. The terror modules or the sleeper cells developed by the terrorist organizations are not easy to detect and in most cases they succeed in executing their nefarious designs deceiving the security apparatus of the country. The initial probe conducted by the intelligence agencies soon after the blasts in Delhi, Mumbai, Ahmedabad, Bangalore, Malegaon or Mecca Mosque in Hyderabad showed that the terrorist outfits collected vital logistics from different states using their local sleeper cells before executing their plans.This, therefore, makes it difficult for the local police and the intelligence agencies to establish the missing links when they start their investigations later. After every blast, the security agencies swing into action but often fail to follow up the trail completely to reach the masterminds or the main operatives. By the time one state police gathers valuable information and tries to contact its counterpart in other state, the perpetrators of crime disappear leaving the security officials baffled. Under these situations, the leads obtained by the local police fail to yield any concrete results and thus minimizes the chances of any arrest, trial and conviction of `real` culprits. Talking about the loopholes in the existing laws, former CBI director U S Misra says, "The situation will continue unless India has a federal crime investigating agency to probe organised crimes like terrorism, circulation of fake currency and narcotics trade, which not only have inter-state ramifications but also have international dimension." Such incidents have provided enough fodder for an intense debate over why India cannot have an agency like Federal Bureau of Investigation (FBI) of the US, which can suo motu take probe of any organised crime including a terrorist attack.Why CBI not an option? Former CBI director U S Misra was among the few who first championed the idea of an independent federal agency, having executive powers similar to the FBI to be able to deal with organized crime. He had even suggested this to the government in the Centre during his stint as CBI chief between 2003-05. However, the then government had not found merit in the proposal and it got dropped. Moreover, opposition to the idea also came from various state governments which were reluctant to share powers. Defence analysts and strategists are now toying with idea of empowering the CBI to take suo motu investigation of terrorism related cases from anywhere in the country if the Centre is unable to create a federal agency. Dealing with a global problem like terrorism calls for extensive research work, monitoring, surveillance and excessive legwork in several states, which could be possible only by setting up a federal agency. Making their points, they argue that a federal agency could be created amending the existing Delhi Special Police Establishment (DSPE) Act, which would provide sweeping powers to the CBI. However, another section of experts has presented a different view point. They support creation of a federal agency other than the CBI, which currently comes under direct executive control. In support of their stance, they say that CBI has developed expertise in tackling cases related to corruption and economic offence. They further argue that the CBI is not equipped enough to deal with special crimes since it depends on states for inputs/intelligence to go ahead with the probe. Experts feel that such an independent agency could be created to investigate terrorism related cases and should be made accountable to Parliament or any of its high-powered committees comprising elected representatives of different political parties to prevent its misuse. One of the factors why CBI could not be a reliable agency is that a majority of cases are passed over to it only after the local police fail to achieve any breakthrough and that too after a long gap. Thus the task of the CBI becomes very difficult and it often fails to collect corroborative evidence leaving its sleuths groping in the dark for clues. For example, the investigations into the Mecca mosque and Malegaon blasts were transferred to the CBI after a considerable gap and the half-hearted approach of the states further complicated the case. The CBI’s failure in several high profile cases like Aarushi Talwar murder, the BMW hit-and-run case and the Jessica Lal murder case has also exposed the woeful state of policing in the country. The dead-end or the drawback in these cases has indicated that the CBI lacks elementary investigating skills, a penchant for solving complicated cases and its edge over others agencies. Instead it has provided a better tool to all those police officers who want to continue staying in the national capital and are not willing to revert back to their respective cadre-posts in the states. The knee-jerk fashion in which the CBI or the entire police machinery operates clearly indicates that it is over worked, stretched and working under great pressure.Misuse of CBI and intelligence agencies Former National Security Advisor Brajesh Mishra holds excessive politicisation of intelligence agencies as well as poor policing responsible for India`s failure to check growing terrorist attacks. The effectiveness of intelligence agencies has reduced and they are more involved in spying on what is happening in political parties than doing their work. The agency is being misused by politicians to settle personal scores and, intimidating key opponents and as a shield for defending oneself from complicated cases. The CBI’s commitment to enforce the law strictly without fear is beyond any doubt but the point here is that the federal investigating agency is being misused. It’s not free to operate on its own and put behind bars the most wanted criminals. In some cases where the state government seeks Central assistance through CBI, it becomes too late to catch the culprit. Terrorist organisations, that want to create unrest in the country, are already aware of the existing lacunae in our system and easily chalk out strategies to defend themselves. Poor policing and terrorism Poor policing is also responsible for unchecked and growing terrorist attacks in the country. Major tragedies could have been averted had the police acted swiftly on the crucial information provided by the intelligence agencies. Exposing the rot in the present policing system, ex-NSA Brajesh Mishra recently said, “Only intelligence agencies cannot be blamed. Bad policing is also one of the reasons which have led to failures in preventing terrorist attacks and lowering crime rates.” Worse, despite liberal central schemes encouraging capacity building and modernization of police and other agencies, most states have failed to take significant advantage. Data on utilisation of central funds for police modernisation for the year 2006-07 indicate an average utilisation of just over 63.71 percent for all states. Police recruitment and modernization Recruitment to the police in many states has been frozen for years, and some states are currently functioning with deficits of up to 40 percent against capacities often sanctioned over a decade ago. Where recruitment has occurred, the process has ordinarily been riddled with corruption. Moreover, leadership posts have not been covered, and there are also acute deficits in training capacities. This along with irrational deployments has diluted any impact the increased manpower may have had. In several states, recruitment of thousands of constables has subsequently been `cancelled` by courts or other authorities because of pervasive corruption and irregularities that marred the process. The government of India has to understand that unlawful activities could not be countered if the countryside remains un-policed and ungoverned. A comprehensive security cannot be guaranteed by the Central government alone, and requires the state police and intelligence apparatus to be brought up to par. Political will power Political will power is needed to create a competent federal investigative agency that operates freely without impediments. It`s high time the politicians rise above their political differences and Centre-State `pulls and pressure` for the sake of India`s security. Politicians should not look at general things for shorter gains and should rather take a concrete stand which can strengthen the country’s unity and territorial integrity. Former Intelligence Bureau (IB) chief A K Doval opines that one should not expect countering terrorism without having a `common strategy` applicable for the entire nation. “Setting up a new federal agency or giving more powers to the CBI to probe terror related cases can be a first concrete step in this direction, “ he adds. Need for stricter laws The deteriorating security situation warrants the government in Centre to introduce tough anti-terror legislations to combat terrorism. In a major turnaround on enacting tough anti-terror law, the Centre has now expressed its willingness to revive the controversial Prevention of Terrorism Act (POTA) or bring in similar law if the political parties were ready to support in Parliament. Scrapping POTA, enacted by the BJP-led NDA government, was the first major policy decision of the UPA government in September 2004. Home Minister Shivraj Patil’s readiness to work out a POTA-like law also coincides with the recommendations of the Second Administrative Reforms Commission, which calls for a “comprehensive Anti- Terrorist legislation.” The Commission, headed by senior Congress leader Veerappa Moily, sought confessions before the police be made “admissible” in the court of law. The repealed anti-terror laws TADA and POTA had also made confessions by the accused as admissible evidence before a magistrate. This apart, the panel said the court should draw “adverse inference” if the accused was found possessing arms or explosives or any dangerous substances. “The new legal framework on terrorism may incorporate provisions regarding freezing of assets, funds, bank accounts, deposits, cash, etc,” the Commission said adding that such action could be carried out with “reasonable suspicion of their intended use in terrorist activities”. The Commission has recommended a specialised cell with experts from Cabinet secretariat, Home Ministry and Finance Ministry to take concerted action on the financial leads obtained from various sources. In a bid to provide a terror-free and peaceful atmosphere to our brethren it’s imperative to evolve a national consensus on terror and follow it up with firm action else it is divisive elements that will end up being gainers.