Indian Defence Review

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Many of us—like me— who had been advocating a new counter-terrorism investigation machinery to deal with the new pan-Indian terrorism, wanted some set-up similar to the counter-terrorism division of the USA’s Federal Bureau of Investigation (FBI). The FBI is exclusively responsible for all preliminary enquiries, investigation and prosecution in all terrorism incidents of a federal dimension.

It is for the Director of the FBI to assess whether an incident of violence amounted to an act of terrorism. Once he decides so, he asks the FBI to take over the investigation.He does not require any prior permission from the President or from any Governor of any State. The decision is his and his alone. As a result of this, the FBI has a total picture of the terrorism situation in the US.

The decision to set up the NIA in India was taken in haste after the traumatic events of November 26-28, 2008, in India.As a result, neither the ruling coalition nor the opposition carefully debated as to what kind of investigation mechanism we need to deal with this pan-Indian threat, what powers and responsibilities it should have and how to persuade the States to accept the creation of a pan-Indian investigation agency with teeth.

Under the  procedure laid down, it is the Home Minister who decides what cases need to be entrusted to the NIA and what cases need not be. Eight of the terrorist strikes after 26/11 were not entrusted to the NIA.Only the latest strike of September 7 has been. Why the previous cases were not entrusted to the NIA? How can the NIA investigate pan-Indian terrorism in an integrated manner if the MHA picks and chooses as to what cases will be investigated by the NIA and what cases need not be?

These are some of the issues that need crying attention after the terrorist strike of September 9. It is hoped at least now the Government and the opposition will start thinking of pan-Indian terrorism in an integrated and professional manner and not in a manner marked more by considerations of partisan politics than professionalism.