Against the backdrop of the Centre asking the President not to give assent to the Gujarat Control of Organised Crime (GUJCOC) Bill, Gujarat Chief Minister Narendra Modi on Sunday said lack of adequate legal provisions was the “biggest” issue concerning internal security.

Modi, speaking at the Chief Ministers’ Conference on Internal Security, also took on the Centre on the issue of National Investigation Agency, saying that founding fathers of the Constitution had a long-term vision when they had kept law and order as a state subject.

He said that if the Centre thought that present scheme of distribution of powers between the Centre and the states needs revisiting, “then the issue may be looked in to totality beginning with the present structure of the Constitution and we will participate in those discussions.”

On the issue of dossiers being supplied to Pakistan on the involvement of people and state agencies of that country in the Mumbai terror attacks, he said the time was ripe to built inherent strength and institutional mechanisms so as not to be dependent on external forces for bringing perpetrators of crime within Indian territory to book.

He said to be successful in this objective, it is important that not only the country is strong but is also “perceived to be strong” by subversive elements within and outside India.

The Gujarat Chief Minister said, “I hope that in matters of fugitives like Dawood Ibrahim or perpetrators of Mumbai incident, the Centre rises to the occasion and exhibits its strength and goes beyond giving dossiers and bring culprits of crimes against our society to book.”

He said the threats to internal security by organised crime and terrorism among others, is required to be confronted with strong resolve which should not be limited to physically strengthening the law enforcement mechanism alone.

“Our policy decisions and laws to deal with such issues should have enough teeth. The biggest issue concerning internal security, to my mind, is lack of adequate legal provisions to support our efforts,” Modi said.

Incidentally, in a recent move, the Home Ministry has recommended to President Pratibha Patil not to sign the GUJCOC Bill which was passed by the Gujarat Assembly for the fourth time on July 28 last year after some changes.

Modi said the Centre should seriously address the issue of the porous borders being used to smuggle in arms and ammunition used by subversive and separatist elements.

“I would urge the government to seriously address this issue as it is not just a diplomatic issue but also as an issue seriously concerning the integrity of nation and status of internal security
in our country,” he said.

Modi, however, had a word of praise for the Centre’s handling of the threats from Naxalites and separatists in Jammu and Kashmir and the Northeast.

“I understand that the Government of India is definitely taking action to address the threats emanating from separatist forces mentioned above,” he said.

On the issue of coastal security, he said the 30 high speed boats allocated to the state have not been supplied yet though the first phase of five years is over.

He said though the state government is trying to procure adequate number of advanced weapons and ammunition for its police force, “unfortunately we are not able to get adequate quantity of ammunition alloted by ordnance factories.”

Modi praises Chidambaram

Speaking to a bunch of reporters after the all-crucial chief ministers meet on internal security convened by the Centre in New Delhi, Modi praised Prime Minister Manmohan Singh for his inclusive approach on terror. He also added that the Home Minister has been extremely swift and positive in tackling terror.

He said, “Security is of prime concern in our country and there are two ways of tackling this issue. Firstly, by increasing the strength of our security forces and secondly, by increasing the judicial strength.”

“While Manmohan Singh has been in the seat of PM, these issues of terror are being tackled. Also, the Ministry of Home Affairs under P Chidambaram has been extremely positive and swift. We are now getting positive and speedier response from the Centre over terror issue,” added Modi.

I can’t pilot GUJCOC Bill, says Chidambaram

Home minister P Chidambaram said he could not pilot the Gujarat Control of Organised Crime (GUJCOC) Bill as “present mind of the Parliament was opposed” to its provisions, similar to that of POTA, which has been repealed.

“Confession to a police officer are inadmissible. The Parliament no longer approves a confession before a police officer. Similarly, the Parliament no longer approves the idea that the public prosecutor’s work must have greater weight than the judge’s decision,” he said.

Chidambaram said, “Parliament no longer approves that a person should be held without bail and without chargesheet for a longer period than the period stipulated in the CrPC”.

“The present mind of the Parliament was opposed to these three provisions. Therefore, how can I as home minister pilot a Bill which was passed by the Parliament which does not have these three provisions,” he said in a press briefing after chief ministers’ Conference on Internal Security.

“They were specifically dropped from the law. They are no longer in the statute book and then recommend to the President a Bill which has these three provisions. I have to reflect the expression on mind of the Parliament and I am reflecting the mind as last expressed by the Parliament,” he said.

Earlier, Gujarat chief minister Narendra Modi made a strong pitch for sanctioning the Bill, saying lack of adequate legal provisions was the “biggest” issue concerning internal security.

Chidambaram said, “With great respect to Narendra Modi, I said it before, I want to say again the Government of India and therefore the President of India can assent to a Bill which reflects the last expression of the mind of the Parliament. When the Maharashtra Bill was assented to the last expression of the mind of the Parliament was POTA, that was repealed”.

In a recent move, the home ministry has recommended to the President Pratibha Patil not to sign the GUJCOC Bill which was passed by the Gujarat Assembly for the fourth time on July 28 last year after some changes.

Modi also raised the issue of the Mumbai terror attacks and said its not only important that the country is strong but also “perceived to be strong” by subversive elements within and outside India.

Addressing the chief ministers’ conference on internal security here, Modi said investigation of offences related to Fake Indian Currency Notes (FICN) should be dropped from the ambit of CBI and wondered why the consensus of the state government is being sought to hand over FICN related cases to the central investigating agency.

“The National Investigation Agency Act 2008 provides for powers of taking over investigation of FICN related offences.

“So, why should there be a need for asking the general consent of state government for CBI to investigate FICN offences,” he questioned.