Madras HC declined to entertain petition seeking to quash Centre' 'National Counter Terrorism Centre (organisation, functions, powers and duties) Order-2012'
25.2.2012 (UNI) Madras High Court declined to entertain a petition seeking to quash the Centre's 'National Counter Terrorism Centre (organisation, functions, powers and duties) Order-2012'.
Dismissing a PIL filed by one Vijayalakshmi Shanmugam, the First Bench comprising Chief Justice M Y Eqbal and Justice Aruna Jagadeesan said the petition could not be entertained on an 'undated notification'.
Pointing out that the petitioner's counsel could not satisfy the Bench as to where from the notification was procured, the Judges said the court also noted the fact that discussions and deliberations were going on between the Centre and different states relating to the implementation of the order and that the final notification was yet to be issued.
Contending that there had been no consultations with stake holders before 'thrusting' the decision to form the NCTC upon the nation, the petitioner alleged that executive power of a 'draconian nature', contravening Article 21 of the Constitution had been conferred upon the Intelligence Bureau, which was neither accountable to Parliament nor the Judiciary.
The Centre was 'diabolically usurping the powers of the states by an executive order', the petitioner alleged. UNI