ROLE OF CENTRAL AND STATE AGENCIES IN MAINTENANCE OF INTERNAL SECURITY

Transcription

1 Chapter VI ROLE OF CENTRAL AND STATE AGENCIES IN MAINTENANCE OF INTERNAL SECURITY 6.1 Objects of Criminal Justice System 6.2 Challenges before Criminal Justice System 6.3 Existing police system 6.4 Indian Police issues and Challenges 6.5 Role of intelligence agencies 6.6 Existing Security infrastructure 134

2 Chapter VI ROLE OF CENTRAL AND STATE AGENCIES IN MAINTENANCE OF INTERNAL SECURITY 6.1 Objects of Criminal Justice System- Before we study the problems of criminal justice system in maintaining internal security first we need to understand the meaning of criminal justice system. As defined by Prof. Madhava Menon in report on police reforms 130 criminal justice means the criminal law, the criminal procedure, the institutions of enforcement of the criminal law and the personnel involved in administering the system. Our Criminal Justice system does the following work- Prevention and control of crime Maintenance of public order and peace, Protection of the rights of victims as well as the person in conflict with law, Punishment and rehabilitation of those adjudged guilty of committing crimes Protecting life and property against crime and criminality. 131 Mainly states are constituted with intentto provide protection and maintenance of peace in the society. Maintenance of rule of law, democracy and good governance are the products of good and efficient criminal justice system. Present research aims at studying internal security management system. Hence in this chapter discussions have been made about present criminal justice system from security point of view. Organs of Criminal Justice System- Police Prosecution Courts Prison Administration 130 Government of India, Report on the Draft National Policy on Criminal Justice, (Ministry of Home Affair- 2007) 131 Government of India, Report on the Draft National Policy on Criminal Justice, (Ministry of Home Affair- 2007) 135

3 Criminal law and its procedures falls in the concurrent list (Items 1 and 2 of list III of the seventh schedule) of the Constitution hence central government as well as state government can make laws on this subject and therefore we will find different set of laws made in various parts of country. The primary object of the state is to maintain law and order so that people can enjoy peace and security. Right to life and personal liberty is considered as precious right of an individual guaranteed under Art. 21 of the Constitution. The state discharges its primary obligation to protect the life and liberty of an individual. Substantive penal laws prescribe punishment for the violation of rights. When these rights are violated state machinery will start functioning to arrest the person guilty for such assaulton the rights, will place him for fair trial and if found guilty he will be punished. Internal security of any state is linked with functioning of Criminal Justice system of the state. To create deterrence of law in the minds of people, efficient policing, proper investigation and prosecution of crime is unavoidable. On the other hand, disrespect to law, violence, low conviction rate, undetected crimes and delayed justice creates atmosphere of uncertainty and impunity and, the state will be out in the open to security threats from inside and outside also. Presently, India s condition more or less is same. More than two crore criminal cases are pending and waiting for theirtrial; thousands of investigations are pending in various parts. This is not a good sign, when country is struggling to combat threats like terrorism, Naxalism and trying to maintain law and order situation in control. Some parts of country have become luxuriant ground for continuing violence, organized crime and targeting innocent people. 132 If this situation continues, there is no doubt that it will become difficult to maintain law and order situation. When country s internal security management is weak then easily it can become soft target of terrorist groups. Frequent break down of law and order situation, Problem of corruption in public administration, Political interference All these factors lead in weakening security management system in the country. Briefly if police and criminal justice system is efficient and effective, then internal security can be 132 Government of India, Report on Center-State relations-internal security, Criminal Justice and Center State co-operation vol-3, (Ministry of Home Affairs, March-2010) 136

4 managed effectively which ultimately leads to good governance but if police and system is weak and surrounded by various problems, then it can worsen the security of the state. Now a day s committing crime is low risk and high profit. Generally criminal justice system is put in motion when offence is registered and then investigated. To maintain the law and order situation in proper way quality investigation and prompt response to the complaints is foundation of every criminal justice system. Presently all these multifarious duties are performed by the police system. The laws, based on which police try to complete the procedure are enacted more than 100 years back. Crime rate is increasing day by day in the society. Therefore to meet the present day s challenges criminal justice system should be reformed enormously. 6.2 Challenges before Criminal Justice System- Effective criminal justice system is fundamental requirement of state to maintain law and order. Object of Criminal justice system to create an atmosphere of rule of law in the state and prevents crimes. If at all crimes takes place, fast prosecution and deterrent punishment prevents further occurrence of crime. However till date our track record is very poor with delays, low rate conviction, corruption. The former Chief Justice of India, Justice. Y. K. Sabharawal, at the inauguration speech of the Joint Conference of Chief Justices and Chief Ministers held on 11 th March 2006 observed The criminal justice system appears to be on the verge of collapse due to diverse reason. Some of the responsibility will have to be shared by the executive branch of the state. Not much has been done for improvement of the investigative and prosecution machinery. Significant suggestions for separation of investigative wings from law and Order duties and changes in the rules of evidence still lie unattended. The public outrage over the failure of the criminal justice system in some recent high profile cases must shake us all up into the realization that something needs to be urgently done to revamp the whole process, though steering the clear of knee jerk reaction, remembering that law is a serious business 133 Challenges- In today s date crime has become low risk and high profit business because chances of getting caught, prosecutions and punishment rate very low. 133 Government of India report, Second Administrative Reforms Commission Fifth Report (Ministry of Home Affairs, June-2007) 137

5 With outdated system and poor infrastructure it is difficult to manage changing nature of crime. Lack of adequate data and systematic planning create hurdles for better co-ordination and efficient system. Present Criminal Justice system seems to be obsolete as crime and its nature is completely changed. Poor enforcement of laws discouraged the spirit of law in the society. Procedurally, first it is very difficult to get FIR registered. After registration of FIR investigation is carried out in a very poor and casual manner. After the charge sheet, it will take so many years for the conclusion of the trial. In between manipulation, tempering with the witnesses take place which makes the journey more pitiable. Lack of coordination between investigation and prosecution is evident. Cumulative effect is that many time it results into acquittal of accused. Of the total case registered, the number of cases charge sheeted in a year has increased from 53% in 1961 to 80% in The average conviction rate is about 42%. There has been a steady decline in the conviction rate from 64.8% in 1961 to 42.4% in Researcher Comments- If we look at present criminal Justice system from security point of view, it is essential that all organs of criminal justice system should perform effective roles. Here we must notice that amongst all organs of the Criminal Justice System, police plays an important role. Prevention and detection of crime starts from Police Department. Police are responsible for maintaing law and order and up to certain extent for maintaing internal security also. Police system is one strong pillar of our criminal justice system. Unfortunately present police system suffers major problems and is not ready to cope with present day challenges. Therefore it is necessary to study present police system in India, its history, the reasons for its weaknesses and reforms which we need to carry out as police system is crucial in maintaing internal security. 134 Government of India, Report of the Committee on Draft National Policy on Criminal Justice, Ministry of Home affairs, July

6 6.3 Existing police system- As discussed earlier, presently our entire police system is governed by Police Act Ever since the Police Act was enacted in 1861, there have been few and far reforms to the police system in India. The Police Act aims to make police system an efficient instrument for the prevention and detection of crime. The Police Act gives the state government a power to establish its own police forces and state government will have exclusive jurisdiction over it. According to the Act the Inspector general of Police, presently known as Director General or Inspector General of police is head of the state police. According to the Sec.4 Inspector general of police (Now the Director General) shall administer the police force in the province. This post was at high level followed by pyramidal hierarchy by Deputy Inspector General, the Assistant Inspector General and superintendent of police. At the district level, the police administration is vested with the district police superintendent. At District level, to assist him there is one assistance / deputy superintendent of police. One of the major drawback of this Act is that, it has clearly defined the high level structure of police system but fails to provide lower level police structure, these things they have left to the discretion of the Inspector general of police subject to the approval by state government. Therefore presently police system, seems centralized, mainly decision making power is centralized. This system was made by the Britishers for their convenience. However Britishers left but system continues. Now also major policy decisions are taken by Home Ministry regarding maintenance of internal security and implemented by sub-ordinate officers. 135 Even the executives powers delegated to then junior supervisory levels have been kept under constant check through administrative measures like inspection and visits. This system inevitable promotes unaccountability and secrecy since in a highly centralized system the important decisions are taken by high level officials and the lower rank is extracted without delegating any form of decision making to the ranks Government of India, Padmanabhan Committee on Police Reforms Ministry of Home Affairs, January Arvind Verma & KS Subramanian, Understanding the Police in India, Lexis Nexis, Delhi, Second edition

7 6.4 Indian Police issues and Challenges- The police are essentially the investigating agency in the Indian criminal justice system and work in co-operation with the prosecution to collect evidences against the accused for the purposed of the trial. Recent terrorist attack in Mumbai (26/11) had exposed some glaring loopholes in our present police system. The Mumbai Police once use to enjoy the reputation of best police force in the country but however during this attack time they found ill-trained and ill-equipped to face the attack. It was not like that they were not aware of the attack but simply they were not prepared for it. The problem with the police system is not only in the Mumbai but all over the country. Police system lacks resources, training and motivation to deal with security challenges. Political interference in day to day functioning has paralyzed the system. Today terrorism poses serious challenges to the unity and integrity of India. But however our police force is not prepared to deal with these challenges. Zero tolerance for terrorism should be our main objective and for that we need to undertake various Police reforms. The role of the police has undergone major changes but its functioning is basically according to the Police act Present Police force is raised to meet the requirements of the colonial masters and therefore cannot meet the challenges of present time. We need professional police force enforcing the rule of law and protecting the life of people irrespective of religion cast or creed. Neither central government nor state government complied with the direction given by the Supreme Court on one pretext or other. Agenda of the first police commission report was cheap police force. A constable was expected to do only unskilled work and routine duties. According to the sec. 23 of the police Act police are expected to obey and execute all orders and warrants lawfully issued by a competent authority. Presently police are working 24 hours without taking any break. They have to reach to crime scene within a minute without good transport facilities. The police force is also grossly inadequate in numbers also. The police population ratio in India is 1:694 as compared to 1:336 in the US and 1:294 in UK, this proportion is excluding wastage of force on VIP protection and other prioritized Government of India, Second Administrative Reform Commission-Public Order, Ministry of Home Affair, June

8 The main problem which our police system is facing is political interference. According to David Bayley one of the top expert on police observed that the police can influence political development by just being deliberately inactive or selectively active. Actually politicians should understand that they have no role in day to day functioning of the police force. As such present police system inevitably promotes unaccountability towards the public. System is such which sets into motion one-way communication where information from the lower ranks is extracted without delegating any decision making power which makes the present police system furthering the goal of surveillance and maintenance of order as deemed desirable by the higher authorities. By conferring less power to the lower rank officers, the police were made agents of state with the ultimate object of maintenance of law and order. i) Problems related to General Administration Poor enforcement of laws and general failure of administration. Large gap between aspiration of the people and the opportunities with resultant deprivation and alienation Lack of coordination between various government agencies. ii) Problem related to present police system Political interference Lack of motivation and poor career prospects. Lack of modern technology / methods of investigation. Outdated intelligence gathering techniques and infrastructure. No accountability. Inadequate training Unshakable attitude of arrogance, insensitivity. Variety of functions due to which crime prevention and investigation taking a back seat. Scarcity of personnel and long working hours. Police-Population rate is very low. Insensitivity to human rights. Deficiencies in transparent recruitment and personal policies. 141

9 Lack of coordination between the investigation and the prosecution agencies. Mistrust about police in people iii) Difficulties expressed by the police personnel Excessive workload due to inadequacy of manpower and long working hours even on holidays. Non cooperative attitude of the public at large. Inadequacy of logistical and forensic backup support. Inadequacy of trained investigative personnel Inadequacy of the state of the art training facilities in investigation particularly in service training. Lack of coordination with other subsystem of the criminal justice system in crime prevention, control and search for truth. Lack of laws to deal effectively the emerging areas of crimes such as terrorism, organized crime and money laundering. Directing police for other task which are not part of the police function. Political and executive interference. 138 Broken window syndrome- Kelling and Wilson in the article The Atlantic called Broken Windows. They argued that rampant crime is the inevitable result of disorder. If a window in a building is broken and left unrepaired, people walking by will conclude that no one cares and that no one is in charge. One unrepaired window is an invitation to break more windows and lawlessness spreads outward from building to streets to entire communities. In the sub way, low level crimes like fare jumping at similarly as small but unmistakable signals that left unchecked, invite further chaos. In such an environment, according to kelling and Wilson, citizen s complaint often will be met with excuses. Soon citizens stop calling the police, convinced they can t do anything. 139 In the opinion of the researcher, the image of the police in present day is similar to Broken Window Syndrome. Our police system is as old as Indian civilization. The Britishers established separate organization to maintain law and order and to obtain information of 138 Government of India, Second Administrative Reform Commission-Public Order, (Ministry of Home Affair, June-2007) 139 Government of India, Second Administrative Reform Commission-Public Order, (Ministry of Home Affair, June-2007) 142

10 internal situation for their own purpose. The police, who are doing the work of patrolling, traffic management and serve the public in many different ways are familiar sight in society. They are only one among many agencies of social control conferred with duties powers and responsibilities. Here we must note that the existing police system in India we have borrowed from Britishers without making necessary changes in it. India is country with ethnic diverse and also having the background of freedom struggle. Since independence we have an experience of many serious communal riots. Since 1987 India had experienced the problem of cross border terrorism, insurgences movement and in effect the internal situation of the country is not very sound. On this background Need of trained, professional force who can effectively deal with the situation is felt. 6.5 Role of intelligence agencies- Since long time India is victim of terrorism. One of the allegations is that counter terrorism failures are failures of intelligence. Intelligence has been conceptualized as distinctive type of activity aimed at increase one s knowledge of an opponent, as well as the data generated by such activity. This usage has been adapted from Thomas Troy who defined intelligence as knowledge of an enemy. For an activity to qualify as intelligence it must necessarily involve a Well define opponent and the Penetration of that opponent s security system. this characteristic distinguishes intelligence from any type of other information. If we can easily obtain the information then that information cannot called as intelligence. Obtaining secrete information of an enemy is in real sense intelligence. 140 Broadly scholars have divided intelligence into two categories Tactical intelligence. 141 Strategic intelligence 140 Prem Mahadevan, The Politics of Counterterrorism in India, I.B.Tauris, & Co.Ltd, First South Asian Edition, Prem Mahadevan, The Politics of Counterterrorism in India, I.B.Tauris, & Co.Ltd, First South Asian Edition,

11 Any information which involve long term assessment of the threat that an opponent poses to national security is known as Strategic Intelligence. As far as terrorist activities are concerned strategic intelligence requires analysis of past and present trends in terrorist activity which poses threat to the national security. In every nation the strategic intelligence helps the policy makers to make changes in the nature of their policies and course of a terrorist threat. Forming the policy in time helps to curb the threats. Many times these strategic intelligence agencies do not have the benefits of arrest power. Which reduces their ability to progress from strategic intelligence to tactical intelligence. Tactical intelligence Object of the tactical intelligence is to identify and locate the terrorist places to defuse them by direct action. Many times, in many countries the role of strategic and tactical intelligence is performed by one intelligence agency only. In India the intelligence agencies are descendent of British period. Two prime agencies perform the role of intelligence in India i.e.(ib) Intelligence Bureau and (RAW) the Research and Analysis Wing, both the agencies play a major role in Indian counter terrorism efforts. However since last so many decades the performance of IB was criticized. Both the agencies play a major role in Indian Counter-terrorism and are strategic in nature. These agencies provides national level policy decisions. Unfortunately performance of these agencies has been negatively impacted by exaggerated demands from intelligence consumers in the political and military area. These demands create a gap between the agencies resources and the requirements they are asked to fulfill. The Intelligence Bureau (IB)- Indian intelligence bureau has its roots in policing system created by British colonial rule to sustain in India. Basically it was premier British intelligence agency linked with countries politics. Its origin can be traced to the setting up of the Thuggee and Dakaiti department by Williams Sleeman in 1835, to deal with the crimes committed by thugs and dacoits. Basically it was a criminal investigation department concerned with above mentioned crimes. 144

12 Buthowever after the formation of India National Congress in India in1887, Central Special Branch was established to collect and interpret secret and political intelligence received from the provincial special branches setup at police head quarters of the provinces. The main responsibility of the agency includes reports on all political movement and publication of seditious literature and religious sects. That time Britishers felt the need of internal political intelligence on the background of increasing militancy of the freedom struggle as congress led movements were becoming very strong. The Britishers established full fledged agency for collection and interpretation of political intelligence. In 1904 Britishers also established Central Criminal Intelligence department to monitor political movement of congress. By 1937 IB which was the product of Britishers had developed organized network in the various parts of provinces to collect political intelligence. During World War II, IB worked withsubsidiary intelligence agencies of British intelligent services M15 and M16 and American office of strategic services. However with end of British rule in 1947 and with the division of India into two parts, role of IB was also undergone change. In post-independence period, IB suffered major setback as suddenly they felt the loss of trained man power. Earlier British officers had completely dominated intelligence management. After their exit,officers who were serving in IB on lower grade promoted to the senior ranks and left totally directionless. They were not acquainted with the system and also were not able to take policy decisions. However with the help of political leaders and thinkers IB tried their level best to achieve image of Supreme Intelligence agency in India. 142 After independence IB reinvented itself as premier agency for collection of intelligence in newly formed democratic India. IB personnel were posted in various parts of country. The staff of IB was deployed in sensitive areas, towns & cites. The IB is known for its strategic exercises during election and conduct election forecast. Initially the IB is attached to the Union Home Ministry and the director of IB and Deputed Director of IB has got privileged to have direct access to the Prime Minster of India on daily basis. The Director brief to the PM on the matter of political importance. The IB forwards its reports to the 142 PK Mallick, Role of the Armed forces in Internal Security-Time for review, CLAWS Journal, Winter

13 government of India on monthly, weekly, daily and hourly basis. However the agency is not supposed to reveal the source of its information. IB basically deals with security related tasks such as Fighting terrorism. Subversion. Sabotage and espionage. The IB also plays important role in shaping and providing direction to state and central police organization It also provides valuable political analytical inputs to the ruling party and to its government One of the major drawbacks of IB is that, it does not have any legal framework. The appointment of its director, functions of IB, sharing of intelligence with other agencies and with state governments is not mentioned clearly in any documents. In 1954, manual was prepared to codify the relation between the IB and the state special branches. The IB use to supply to the state special branches information on major political activities and in response state use take advice of IB on security matters. According to LP Singh committee the duties were formulated for the IB as follows - The collection, collation and dissemination of intelligence bearing on national security, the security of the state and protection the Constitution. Activities prejudicial to sovereignty and integrity of India or the security of the state, emanating from within the country or from outside, including those involving espionage, sabotage and subversion. Activities subversive of the system of government established by Constitution of India. Attempts at subversion of loyalty of public servants. Inter-state tensions and activities likely to affect friendly relations with foreign states, cause internal disturbances, promote discord on ground religion, race, cast. However no action was taken on recommendations of the LP Singh committee. Further IB continued as one of the premier intelligence agency without having any formal legal charter. 146

14 The Research and Analysis Wing (R&AW)- Following the war in 1965 between India & Pakistan, the performance of IB was highly criticized by Indian military personnel. As a result the proposal was put to create a special foreign intelligence agency to focus on strategic intelligence. Basically this organization was created to work under military order but then Prime Minister Indira Gandhi took a decision to place it under the cabinet secretariat under her personal control, thus on 21 st Sept RAW was established with Mr. Rameshwarnath Kao as its first chief with 25 odd staff members. The new agency itself had been formed by splitting the IB from its external intelligence department. However the (RAW) became more dominant due to its proximity to Indira Gandhi. Between 1969 and 1974 the (R&AW) achieved the reputation as highly efficient intelligence service; also it was criticized as the agent of Mrs. Indira Gandhi. 143 The Indian Intelligence Agencies Issues and Challenges to Maintain Internal Security- In any state to maintain internal security and to deal with the threats put by foreign states, intelligence plays very important role. However in India the collection of intelligence became the work and role of many agencies of the government. Out of which the IB and R&AW plays very important role. One of the major drawbacks of IndiaIntelligence system is that role of Strategic intelligence and tactical intelligence is performed by two different agencies. Premier intelligence agencies like IB and RAW they do the work of strategic intelligence and tactical work is done by the operational forces. Still we cannot deny the fact that operational forces like Army, Cr.P.F and police system they also have their own intelligence sources but information gathered by them is not sufficient to deal with the problems. There exists huge gap between strategic intelligence and tactical intelligence. Amongst many reasons one of the reasons for lack of counterterrorist strategies is inability of local police forces to do independent follow up on intelligence warnings. The reasons for such inabilities area) Poor operational capacity of the police 143 Prem Mahadevan, The Politics of Counterterrorism in India, I.B.Tauris, & Co.Ltd, First South Asian Edition,

15 b) Lack of man power c) Lack of advanced weapons d) Lack of training e) Poor communication and transportation facilities. Hence the police system is heavily dependent on national intelligence agencies for tactical informational support. In this situation many times deployment of army becomes essential. Inadequate capabilities of the police results into prolonged deployment of central military and paramilitary forces in terrorize affected regions. Another reason which affects our counterterrorist efforts is rivalry amongst the various agencies established for collection of intelligence. Till 1968 the IB was the key coordinated agency for collection of intelligence and for internal security management and its advice was never ever ignored. The IB use to look after both foreign and domestic intelligence. However after the creation of RAW the beginning of dilution of the IB started. All IB external intelligence gathering functions were transferred to R &AW. Another development which took place which was to the detriment of IB is hostility with then Prime Minister Indira Gandhi came to view, after her defeat in the 1977 election. Upon returning to power in 1980, she made the founder chief of RAW her intelligence adviser which directly resulted into RAW becoming responsible for collection of intelligence within India also. The creation of RAW undermined the prestige of IB. These inter agency rivalries and the absences of centralized analysis and assessment machinery hampered information sharing. This lack of coordination between intelligence agencies helps terrorist groups to increases their powers. In spite of receiving accurate predictive assessment from intelligence agencies operational force fails to assume the responsibility of acting on them. Actually speaking tactical intelligence is basically a security forces responsibility but they expect national intelligence agencies to focus on it. Consequently early warning of a terrorist threat do not automatically translate into an ability to prevent its actual happening. 148

16 The overall Indian intelligence agencies suffer from a lack of checks and balances and we hardly receive the expected intelligence product. Also the politicization of the agencies has led to reduction of their efficiency. Once there was a time when intelligence agencies use to take their own decisions than restricting themselves to the role of advisory agency. To sum-up we can say that present intelligence system suffers from lack of focus and direction, poor coordination, uncorroborated reports and lack of professionalism and motivation. Reasons for Failures of intelligence Agencies- 1. Disorganized selection of personnel 2. Poor Human resource management 3. Poor institutional focus on long term security challenges 4. Poor Intelligence assessment 5. High consumer expectations and limited collection capabilities 6. Operational mismanagement 7. Large gaps in intelligence converge 8. Poor evaluation of available intelligence 9. Overlapping collection mandates 10. Lack of long-term planning for resource management 11. Excessive compartmentalization, hindering internal communication 12. Slow transition of intelligence reports to the end users. 144 Lack of coordination between various agencies- The poor operational co-ordination among intelligence agencies as well as security forces affects our counter-terrorism policies. Also inter-services rivalry between the local police and central security forces such as the Army, BSF and CRPF detract from the efficacy of counter-terrorist efforts. Caught up in their own problems, they lose sight of a bigger picture. Result is that in spite of giving intelligence in time our security forces fails to take action. 144 K.M. Mathur, Crime Human Rights and National Security, Gyan Publishing House, reprinted in

17 Kargil War-RAW agency responsible for providing external intelligence and also potential threats of adversary s military deployment. Consequentially RAW was expected to provide information of Kargil activities. Unfortunately RAWS network in kargil area it weak in terms of technological facilities and manpower. Hence intelligence collection within this area is poor. However IB got certain inputs regarding activities in Kargil area. Director, IB communicated this information to the Prime Minister, Home Minister, Cabinet secretary, Home secretary and Director- General Military operations. However this information was not communicated to the secretary RAW, Chairman JIC and Director General Military Intelligence. Director IB expected that this information will be provided to other officials through Prime Minister s office. Secretary RAW was appropriate person who would have done follow up of this intelligence report and would have provided more inputs. Unfortunately this did not happened. Such lapses and communication gaps affects our counter measures and preparedness for operations. 145 Intelligence about 26/11 (Mumbai terrorist attack). Recently it was discovered that British intelligence agencies and American intelligence agencies were having some blurt reports about 26/11 Mumbai terrorist attack. But no one could bring the information on single one paper and failed to communicate. In June 1982, terrorist group called People s Liberation Army (PLA), an indigenous group based in the North-Eastern State of Manipur. The IB warned about this group to the Delhi Police and informed them that PLA activists are planning bombing campaign in the city. Assuming that the agency actually meant Palestinian Liberation Organization (PLO) Delhi Police concentrated their focus on Arabs. Delhi Police realized their mistake when they discovered 3 bombs in the market place and PLA taking their responsibility. 146 In another incident, Military Intelligence Officers in North East area announced that they have captured senior activists of Salvation Army. Later on it was confirmed that Salvation Army is internationally recognized charity organization working for people. 145 Government of India, Kargil Review Committee Report,(Ministry of Home Affairs) July Prem Mahadevan, The Politics of Counterterrorism in India, I.B.Tauris, & Co.Ltd, First South Asian Edition,

18 In July 2000 threat assessment prepared by the auxiliary intelligence bureau in Jammu and Kashmir. Intelligence warned that Pakistani mercenaries are likely to launch an attack on pilgrims ofamaranth Yatra. This assessment was also confirmed by RAW that terrorist group are likely to attack. However this assessment was ignored by the security forces. Later on 1 st August terrorist gunned down 22 pilgrims and 13 local people.later on is admitted by the security forces that they received an information from intelligence but they were unable to enhance security due to lack of man power. Further when police forces neglects basic security drills due to lack of intelligence warnings it helps the terrorist to advance their target. It shows that in the process of counter terrorism greater dependency is upon intelligence agencies. Here we can also take an example of assassination of Mrs. Indira Gandhi. In 1984 Indian army entered into golden temple (holy place for Sikh community) as per orders given by Mrs. Gandhi. This operation was carried to battle with khalistani terrorist who entered into temple. During this assault the temple suffered from considerable damages and it was also against the sentiment of Sikh community. After this incident the IB asserted that Sikh community blames Mrs. Gandhi for devastations caused. They warned that there is threat to the life of Mrs. Indira Gandhi from her Sikh bodyguards. Accordingly 9 bodyguards were posted to other duties. However Mrs. Indira Gandhi did not believed in it and those bodyguards were reinstated. After this, it was prime responsibility of the IB to monitor the suspect bodyguards under surveillance. This duty was delegated to the Delhi police. But unfortunately she was attacked and killed by her Sikh bodyguard. This is clear cut example of absence of operational work after receiving warnings from intelligence agencies. 147 In this connection we can take one more example of failure of Delhi police to take serious note of RAW warning about a threat to the then prime minister Rajiv Gandhi.On 2 nd October 1986 before he attended public function in Punjab, specific information that there is a possibility of attack in the function venue. But as RAW had previously given similar warnings,delhi police did not take the information seriously. But attack actual took place and again the Delhi police original face came in front. There is also complaint against intelligences agencies that warnings which are issued from them are very vague according to officers of the special protection groups, who 147. Government of India, Kargil Review Committee, (Ministry of Home Affairs) July

19 areresponsible for the security of very very important person. Intelligence assessment keep telling the possibility of VIP persons being targeted by assassins cannot be ruled out. According themthese warningsare like astrological forecast. Basically we need to understand that agencies like IB and R&AW are bureaucratic institutions which are built to operate lengthy intelligence;their primary function is to collect information of long terms or strategic value. Their work is not time bound. They can only predict possibility of attacks. This mean that their products are not time sensitive but the requirement of prevention of terrorist attack are time sensitive. There is difference between intelligence collection and action based on intelligence collection. Intelligence collection is basically national level function carried out by professional agencies like IB and R&RW in a planned manner in complete secrecy. It is called as strategic intelligence. Whereasaction based on intelligence collection is local function performed in Adhoc manner by units of the security forces. Intelligence gathering plays very important role in undermining the effectiveness of terrorist counter intelligence. There output depends on prisoner interrogations, paid information, document seizures, field level communication, and interception. When this information is passed out the role of tactical intelligence comes into picture. So both strategic and tactic intelligence are depended on each another for successfully counter terrorism effect there should be good coordination between two agencies To undermine the terrorist counterintelligence Indian intelligence agencies create condition where by local security forces can penetrate terrorist group at their own level, without all ways taking recourse to offensive action. Thus a balance can be achieved between strategic and tactical intelligence. The only way to prevent terrorist activity is to empower security forces to meet there own informational requirements with aggressive follow up assessment done by national agencies like IB and R&RW. Political interferences From above mention discussions what we have under stood is that intelligence agencies like IB and R&RW are meant for intelligence gathering but at the same time we should not ignore the fact that both the agencies are working under the department of Home Ministry and obviously there is lots of political interferes and pressure in working of agencies. Counter terrorist efforts gets affected by political interference. The assessment of intelligence agencies should get serious attention by the government if assessment are ignore 152

20 by the government then the role of intelligence agencies is confined only up to the intelligence collection. Adoption of the offensive counter terrorist policies by the government based upon assessment is a need of time. 6.6 Existing Security infrastructure- Department of Union Home Ministry- Home Ministry Department was created in British Era only. At that time it was very small department and its function was only to maintained law and order in the society however the New Ministry of Home Affairs conferred with enlarged function and was created after the adoption of the Constitution of India in This ministry was recognized by the administrative reforms commission in the year Department of personal was created to deal with recruitment process of other services but the Indian Police service remained under the purview of ministry of home affairs. MHA deals with law and order concerns and also with some complex issues one of which is portion development of the scheduled cast and scheduled types. Departments of Ministry of Home Affairs- 1. Department of Border management 2. Department of Internal Security 3. Department of J & K 4. Department of Home 5. Department of Official language 6. Department of states. Department of internal security deals with following matters- 1. Indian Police Service 2. Central police Forces 3. Internal security 4. Law and Order 5. Insurgency 6. Terrorism 7. Naxalism 8. Grant of visa 153

21 9. Immigration In Annual Report Home Ministry notes that public order and police are in the state list of the 7 th schedule of the constitution but Art.355 of the Constitution entrusts the Union Government with the overriding task of protecting the state against external aggression and internal disturbance, and of ensuring that governance in every state is carried on in accordance with the constitutional provisions. Hence the MHA extends it s man power, financial resources, guidance and expertise to the state governments with the object of maintaining peace and security without encroaching on the rights of state government. The MHA work is divided between various parts i.e.department of Internal Security, the Department of State, the Department of Official Language, Department of Home anddepartment of Jammu and Kashmir. Union Home Ministry also appointed Intelligence committee at the central level to look into internal security issues and to monitor the all India situation from time to time, to anticipate problem and to do preparation to deal with them. Activities of Ministry of Home Affairs - This ministry deals with matters relating to central-state relation,central police organization which also includes intelligence bureau, human rights,national integration,communal harmony,police planning and intelligence evaluation,security polices in the north east Areas,the Indian police service. These subjects are divided into 21 function division. The union home ministry is assisted by two ministries of state, home secretary; two social secretaries and an array of join secrecies, directors and other staff. The approximate annual budget of the ministry is over 21,000 crore. The major issues which are handle by the union home ministry are Pak sponsored terrorism in Jammu and Kashmir, extremely supported subversive activities in North East, the violence by leftwing extremism, internal dynamics of cast and communities are also important matters. This ministry in itsannual Reports also mentions the aspects of communal violence, leftwing extremism and north east activities. Ministry also undertakes function of increasing the strength of the Central Paramilitary forces and provides them with modern weaponry and communication. At the same time ministry also increased central financial assistants to state governments to modernize their police force. Ministry has 154

22 providedassistance to state governments from Rs 200 crore to 1000 crore since last ten years. Ministry also revamped the intelligence apparatus. Apart from handling the function and law and order management and police formulation,ministry is the Cadre Controlling authority of the all India Service. Further ministry also exercises its control over the posting, promotions and transfer of the IPS officers. The department of police planning division is attached to the union home ministry which looks after matters relating to policy formulation in respect of counter terrorism, international covenants, bilateral assistance treaties and related work. The ministry is empowered with various departments to carried out these activities. Central Police Organization- This organization under the MHA is divided in to three parts (a) law and order and security forces, (b) Criminal investigation and intelligence and (c) agencies for communication, training,research and scientific support. The central police force falls under the 1 st categories, central bureau of investigation (CBI), intelligence bureau (IB), narcotics control bureau (NCB) and serious frauds investigation office (SFIO) falls under the 2 nd category. And 3 rd national police academy (NPA), bureau of police research and development (BPR&D) national crime records bureau falls under the 3 rd category. Central Police Forces There are seven central forces under the ministry of Home Affairs. They are Assam rifles (AR) Border Security Force (BSF) Central Industrial Security force (CISF) Central Reserve Police Force (CRPF) Indo Tibetan border police force (ITBP) National Security Guards (NSG) Sashastra Seema bal (SSB) Central reserve police force (CRPF) Amongst all these force CRPF is main force to assist state government in matter relating to law and order and internal security management. The rapid action force is 155

23 specialized force of CRPF which deals with riots, communal tension. Initial this force was known as Crown Representative Police but later on its name was changed as CRPF. Presently this force contains 191 battalions and 1 special duty group, 35 groups centers, 12 training institution, three base hospitals, seven arms work shop and two central weapons stores. It is one of the largest central paramilitary force. Presently the force is handling following range of duties Maintained of law and order Counter insurgence Anti militancy Anti terrorism operation These four forces very important role in assisting state in maintain public order and countering subversive activities. Sometimes CRPF personal also perform guard duties at some vital installation and buildings including various shrines. The modernization plan of CRPF has also been sanctioned to include sophisticated arms, amuation and other equipments. It is very interesting to know that 42 nd amendment in the constitution authorized the central government to deployed arms forces of the union to deal with grave situations of law and order in the states also in this situations they will work under the direction of central government and will not be the subject of state government. Right interpretation of this amendment suggest that central government can deploy paramilitary forces on their own by encroaching on the power of state government. However according to the 44 th amendment it was laid down that forces cannot be deployed without the permission of state government. Assam rifles (AR) This is one of the oldest police force established in 1835 with the head quarters at shilong. This force has 46 battalions, one training center; three maintains groups and other units. This force has double duty in maintaining internal security in north eastern region and guarding the indo - Myanmar border. Border security force (BSF) This force was established in 1965 with 25 battalions. Object of this force was to avoid multiplicity of forces guarding the Indian borders. Over the years the force has grown 156

24 and now it has 157 battalions with seven companies each, five major training institution, nine subsidy training center, for minor training institution, to basic training center and one recruit training center. This force looks after international border of Pakistan and Bangladesh. It is also deployed on the line of control in Jammu and Kashmir. Central Industrial Securityforce (CISF) This force was raised in 1969 for providing security to 301 Undertakings and fire protection to cover 74 establishments. The special task of airport security was assigned to it on the background of hijacking of the Indian Airline flight to Kandahar in Important government establishment in Delhi are taken care by the force. Further force also provides security to VIP Indo Tibetan border police force (ITBP) This force was established in 1962 in the wake of the India China conflict. Presently it has 25 battalions with four specialized battalions. Sashastra Seema Bal (SSB) This force was established in Due to loss of war with china in 1963 Indian people started criticizing the performance of military forces. Therefore this force was created to build peoples morale and spirit of resistance in the border population against threat of subversion, infiltration across the border. This force was given the duty of border guarding of indo Nepal and indo Bhutan border. National security guards (NSG) NSG was set up in 1984 based on the pattern of SAS in United kingdom. This force is a task orient force. Personnel are specially trained for special task like counter terrorism, hijacking and other emergency operation. India reserve battalions (IR) Due to over burden on CPF the IR was created. The object of IR was to meet the increasing demands from the various state for the deployment of central paramilitary forces for the maintains of law and order. These are an integral part of the arm police of the state for which they are sanctioned by government of India. Till the year 2000 there were 35 IR battalions. In the year more battalions were added. This addition was specifically 157