Speeches in 2008:

Date:17-12-2008

SHRI TATHAGATA SATPATHY (DHENKANAL): Mr. Chairman, Sir, the behaviour of the Members of this House while discussing such an important Bill is definitely sad and the people of this country are frustrated with the unruly character that we portray here in this House. I regret that this is the image that we are sending out to the people. But everybody is an elected Member here and I have the highest regards for all of them.

Sir, while discussing the National Investigation Agency Bill, 2008 and the Unlawful Activities (Prevention) Amendment Bill, 2008, the Central Government has to take note of the dire situation that is prevailing in this country. I welcome both these Bills. Like the hon. Leader of the Opposition Shri Advani said earlier today, across the board, I think, everybody in this House welcomes both these Bills.

But while welcoming these Bills, we also have many misapprehensions and apprehensions. There is a longstanding issue of State autonomy and at a very cursory glance, if we see the National Investigation Agency Bill, in our desperate effort to ape the United States of America, we are probably forgetting that we all belong to a nation called India, that is, Bharat and that we have certain shortcomings that we should take into account while we deal with the legalities in this nation.

Sir, in Chapter-III, Clause 6, paragraph 5 of the Bill says:“Notwithstanding anything contained in this Section, if the Central Government is of the opinion that a scheduled offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the agency to investigate the said offence.”Later on, in Clause 7(A), it is said:“While investigating any offence under this Act, the agency, having regard to the gravity of the offence and other relevant factors may, if it is expedient to do so, request the State Government to associate itself with the investigation.”

Sir, the Home Minister had particularly mentioned about this provision earlier, but he did not point out that the words ‘suo motu’ were used here and nor did he point out that if the agency or the Central Government find it expedient to do so.That means, it is at the sweet will of the agency or whoever may be in power at the Centre at a particular time to decide whether to involve any or all State Governments in investigations which come under this Schedule.

Sir, we, at the outset, have to accept that terrorism is not something special to India and it is also not limited to any geographical boundaries within India or outside India.  Terror, today, is something that is enveloping the whole globe and all of us should have awakened to these realities long before.  But like it is said on the Highways of India, ‘it is better late than never’, so we welcome these two Bills. Although they are late, they are to be supported. As of now, in my knowledge, there are about three intelligence agencies in this country.  There is the Intelligence Bureau, there is the Research and Analysis Wing and there is also a Military Intelligence Wing.  Apart from these, we have the State Governments having their own State intelligence bureaus.  Unfortunately, with, at least, four different known layers -- I do not know if the Government has any other unknown layer -- of intelligence gathering there is absolutely no advance information of any incident that is happening in this country today, whether it be a blast in a train where common poor people are killed or whether these are murders that took place in a big luxurious 5-Star hotels.  We never had any previous information.  But after the incident, always the intelligence agencies and some wings of the Government come up and say that prior information was available.  But they were not properly utilised.In Oriya, there is a saying  मार, मार, भंडारिया को मार।   That means, when you have to hit somebody, hit your barber because the barber is a poor fellow, he is cutting your hair, he does not know Adam or Eve.  So, if you are angry, hit him.  Similarly, here the Bhandariya became the former Home Minister, Mr. Shivraj Patil.  I may not be a great admirer of Mr. Patil, but I definitely feel sorrow for this Patil and the other Mr. R.R. Patil of Maharashtra.  Are they really to blame for these incidents? Are we supposed to take their scalp just because we could not act? Is it time we woke up and faced the reality that the system that the bureaucratic set up in this country is completely non-functional, it does not perform its duties?

Can a Home Minister, sitting in Delhi, possibly find out every single intelligence input that comes into the knowledge of the officers?  He cannot.  But here we go, we took his scalp.  The Party bosses thought it fit and the people also came up with placards which said ‘enough is enough.’  Is it not time that we also educate our people that there is no enough of terrorism.  Terrorism has no end.  It is not limited to any religion.  It is not limited to any country.  It is a global phenomenon and while I am saying this, I must take note of the fact that the dead terrorists were not allowed to be buried in any of the Muslim burial grounds of Mumbai because the community there detested those people and oppose their burials as a mark of hatred towards the terrorists.  So, we have to commend that in the burial grounds they did not want their near and dear ones to be sharing the grounds with these criminals, with these low down people. So, it is not a question of any religion.  It is not Hindus who are terrorists and it is not Muslims who are terrorists.  Terrorists are a religion by themselves.But, here we have all these multifarious police and intelligence wings which do not share or coordinate information.  Therefore we are always at a loss as to what we are supposed to do.  When I see these two Acts, I find these are basically the Acts that are seeking post mortem reports.  Once a person is dead, once a terrorist activity is completed, over and done with, when something like the NSG takes more than nine hours to reach Bombay from Delhi, all these failures get covered up with your special court and your special laws.  I would expect the Minister sahib to please pay attention; with all these things, we are only seeking a post mortem report.  For how long, shall we have this post mortem being done to us? 

Since Lal Bahadur Shastri set the trend when the train accident occurred and he resigned, that hatred towards politicians and taking the scalp of politicians has commenced.  But we are at no point of time taking into account the failure of the bureaucrats. 

It is time that we also make the people of this country aware that they have a certain role to play.  It is not enough for people to go out to the streets and say that let there be war against Pakistan.  Those are people who need to be made conscious that in the 21st century world, in a war by a country like India against any other country, leave alone Pakistan which is a very determined State, even a small country like Malpes or Sri Lanka, there cannot be a conclusive victory for India.  Therefore, it is pointless to say that we should go to war.  What we should be thinking about is what we are doing to stop recurrence of such incidents.  Are we coordinating the intelligence network?  Are we coordinating the Armed Forces?  Are we able to coordinate the special police forces?  Lastly, are we able to make the people conscious? 

Here, it may be very proper to mention that a small State like Israel which is cordoned on one side, on the northern side, by the Mediterranean but on all the other three sides by extremely inimical States has managed not only to survive but to thwart most terror activities and has beaten its enemies black and blue.  That has been possible because the Government is responsive.  It is not responsive just by passing laws and Bills in Parliament and making a mockery of themselves by shouting at each other, not understanding the seriousness of the issue, but by coordinating Government action, police and military action with the common citizens.  It is therefore my humble prayer and request to the Government that while they pass this Bill, they have to take into account that there will be mischievous people in power now or later.  And to destroy the autonomy of the State, by having such an agency which can operate on its own, and which may, if it so thinks expedient, request the State Government to participate in the investigation, we are endangering the very fibre of our democratic setup.  When we have to protect democracy, we also have to think that democracy means nothing if the people of this country are endangered.  So, protecting the people being our first concern, we have to think that with the existing Armed Forces, with the existing intelligence what we already have at our resources, how best we can make sure that instead of a post mortem Bill we bring this nation to a level of utter preparedness where we can face terrorism and all kinds of terror activities at the very outset and not wait till the time comes when we have to decide whether this lone terrorist will be hung in a public square in Bombay or whether we will have special courts.  It is time that all of us join hands.   We all support the Government in this activity.  But I hope the Home Minister and the Government will wake up to realities, take care of the autonomy of the States and also protect the lives and properties of the citizens of India.