The repeated terror strikes in different parts of the country have once again brought to the fore the urgent need for having a federal agency to handle crimes having inter-state links and trans-national ramifications. But, unless the states agree to it — law and order being a state subject — it will remain a cry in wilderness. At least this is how the Centre wriggles out of a difficult and tricky situation like this. The CBI, the country’s premier investigating agency, can probe terror incidents only if a state recommends it or under directions of the court. But, now the home ministry is seriously considering giving powers to the CBI to take up such cases suo motu. While ruling out the return of a stringent anti-terror law it had repealed four years ago, the Centre has said the existing statute would be strengthened. Another important proposal before the security establishment in the North Block is setting up of Fast Track courts to deal with such cases.

Prime Minister Manmohan Singh has himself pitched for a separate authority to deal with crimes having inter-state ramifications. His strong views in favour of having a federal agency to deal with terrorist crimes come in the backdrop of well-coordinated terrorist attacks across India in the last two years. His remarks also assume significance in view of the challenges faced by both the security and intelligence establishments in coping with new-age terror, especially attacks with an element of surprise.

The Prime Minister has rightly felt that creating such an agency would facilitate the freedom to investigate crime, which has inter-state aspects. The security establishment is feeling the heat as today many of these crimes, both terrorist and white-collar ones, have multi-state facets that need to be looked into. It is not a task that can be effectively discharged by a single agency of any particular state. Hence, the talk of having an agency for investigating federal crime gathers momentum. But, at the same time, Prime Minister Manmohan Singh pointed out that several states showed reluctance to surrender power to such an agency. With rise in crimes having inter-state repercussions, the Centre has been discussing with the states the issue of central agencies investigating those incidents and countering terrorism.

Facing flak from all quarters for the tardy handling of the internal security situation in the country, the government has decided to have stronger anti-terror laws in line with the suggestion made by the Second Administrative Reforms Commission headed by M. Veerappa Moily. But the UPA seems to be divided on this. In fact, senior cabinet minister Priya Ranjan Dasmunsi says: “Some of our laws are tougher than even that of the UK. What could be tougher than that?”

After the Delhi serial blasts, the Prime Minister has candidly admitted that there are vast gaps in intelligence and announced that his government is finally considering a new anti-terror law. Speaking at a Governors’ conference at Rashtrapati Bhawan, Singh however insisted the UPA is not soft on terror. “Let me take this opportunity to say, with the fullest emphasis, that there is no question of the government being soft on terrorism,” he said. He observed that the “public debate on the issue of terrorism has, unfortunately, tended to get driven by politics, and has centered on certain laws enacted or repealed by governments of different political persuasions.”

Elaborating on his stance he added, “Our government has no fixed, inflexible or ideological view in this regard. We are actively considering legislation to further strengthen the substantive anti-terrorism law in line with the global consensus on the fight against terrorism.” The UPA government, including the Prime Minister, had earlier turned down suggestions to make the law more stringent, saying existing laws were adequate. The BJP has consistently accused the UPA government of going soft on terrorism. The BJP has been repeatedly demanding the return of POTA following the terror bombings in Jaipur, Bangalore, Ahmedabad and New Delhi that have claimed scores of lives and injured hundreds more. Party spokesman Arun Jaitley has said that a BJP government would come up with a tough anti-terrorism law. BJP’s prime ministerial candidate L.K. Advani said at his party’s National Executive Meeting in Bangalore that India can no longer ignore the fact that a new and disturbing phase in the terrorist war in this country had begun with a wider spread of ‘local roots’ even though terrorism’s ‘global network continues to be the mastermind of this war’. He said “firm anti-terror action” would be high on the priority list of his government’s agenda, if voted to power. The repealed Prevention of Terrorism Act (POTA) would be brought back.