Counter-Terrorism Centre, ‘accountability’, <strong>and</strong>,in a critique arising from a different direction,the interface with human rights <strong>and</strong> fundamentaldemocratic freedoms.While many <strong>of</strong> these concerns are legitimate,they can only be considered secondary, within aframework <strong>of</strong> priorities, to far more urgent issuesthat plague India’s intelligence establishmentin an environment <strong>of</strong> rising security threat.Indeed, unless the more pressing imperatives <strong>of</strong>focus <strong>and</strong> efficiency, legitimacy, capacity <strong>and</strong>capability – including manpower pr<strong>of</strong>iles <strong>and</strong>technological resources – are addressed, thebroader ‘architectural’ discourse will remainunproductive, even meaningless.More crucially, all these concerns, both the ‘higherorder’ discourse on meta-institutional reforms <strong>and</strong>the more pragmatic considerations <strong>of</strong> capacity,collapse into the more fundamental enquiry:what are the legitimate concerns <strong>and</strong> limits toan intelligence apparatus within the framework<strong>of</strong> democracy – <strong>and</strong> more specifically, India’sdemocracy? And its corollary: how are theseto be realized? If a clear, coherent <strong>and</strong> detailedanswer could be found to these questions, most<strong>of</strong> the remaining conundrums would easily meltaway.Within the theory <strong>of</strong> democracy, there is apowerful stream <strong>of</strong> justification that argues thatdemocracy is, itself, to be maximised as an‘ultimate value’, as opposed to the contrastingoptions <strong>of</strong> ‘authoritarianism’ or ‘tyranny’. Such aframing <strong>of</strong> the question is obviously emotionallyloaded – for how could authoritarianism ortyranny be preferred to democracy, freedom <strong>and</strong>the rights <strong>of</strong> man? Advocates <strong>of</strong> this thesis tendto emphasise the value <strong>of</strong> certain processes, suchas elections, deliberation, <strong>and</strong> the separation<strong>of</strong> powers, <strong>and</strong> various relational <strong>and</strong> ethicalcriteria, such as freedom, equality, justice, rights<strong>and</strong> participation, which are regarded as good<strong>and</strong> desirable in themselves, without reference tothe objective circumstances <strong>of</strong> their operation orthe results they produce.Such an orientation has resulted, in India’simperfect democracy, in an excessive emphasison form, <strong>and</strong> an enduring neglect <strong>of</strong> substance,with a new institution or new legislation beingproposed to ‘resolve’ every new – or newlyperceived – problem. The abundance <strong>and</strong>impotence <strong>of</strong> existing institutions <strong>and</strong> laws tosecure their purported objectives has done nothingto discourage this orientation, which appears tohave deep roots in the highest institutions <strong>of</strong> thestate, as well as in what passes for the intellectualelite in this country. Within such a framework,clearly, the inherent secrecy <strong>of</strong> operations <strong>of</strong>intelligence agencies would find little legitimatespace, unless it was superimposed with layers <strong>of</strong>oversight which, in present circumstances, wouldeffectively paralyse the agencies from performingany but the most innocuous <strong>and</strong> ineffective <strong>of</strong>functions.Such a perspective, however, militates againstfar more vibrant <strong>and</strong> realistic traditions <strong>of</strong>democracy, which have never shied away fromthe fundamental truth that democracy is, inessence, a system <strong>of</strong> government. Few, in India,underst<strong>and</strong> <strong>and</strong> appreciate the tremendouslyhard-headed realism that underpinneddemocratic theory in its early contours, <strong>and</strong>these origins have been buried deep under theincreasingly deceptive <strong>and</strong> diversionary populism<strong>of</strong> contemporary electoral democracies, not onlyhere, but, increasingly, across the world. Thetruth is, the idea <strong>of</strong> democracy as an end in itself,rooted in the intangibles <strong>of</strong> ‘popular sovereignty’<strong>and</strong> the ‘will <strong>of</strong> the people’, cannot provide anysatisfactory justification without reference tooutcomes. Democracy must find its justificationin the world <strong>of</strong> hard facts. Politics, in our world,is ultimately concerned with the relationshipbetween the governing <strong>and</strong> the governed, <strong>and</strong> ittakes little wisdom to conclude that it is aboutpower, <strong>and</strong> about the outcomes <strong>of</strong> the distribution<strong>and</strong> exercise <strong>of</strong> power. No system <strong>of</strong> governmentcan be an ultimate ideal without reference towhat it can do, or does, for the governed. AsGiovanni Sartori notes, “a democracy cannotpass the test, in the long run, unless it succeeds asa system <strong>of</strong> government. For if a democracy doesnot succeed in being a system <strong>of</strong> government, itdoes not succeed – <strong>and</strong> that is that.”If democracy is to succeed in practical – <strong>and</strong> notmerely notional – terms, it must, first <strong>and</strong> aboveall, be secured. It must recognize the variousthreats to which it is exposed, <strong>and</strong> acquire thecapacities <strong>and</strong> capabilities to confront <strong>and</strong>neutralize these.44The Indian <strong>Police</strong> Journal, October - December, 2012, Special Issue
Democracies are, today, everywhere underunprecedented attack. Fundamentalist creeds<strong>and</strong> ideologies <strong>of</strong> hatred <strong>and</strong> enveloping violencehave created movements that seek millennialtransformations that would destroy, not justdemocracy, but civilization itself <strong>and</strong> all thefreedoms that have come to comprise it. Suchmovements have, <strong>of</strong> course, secured only verylimited success against the broader democraticedifice <strong>and</strong> endeavour, but even where this is thecase, the damage they have done is colossal. Theextraordinary costs they have inflicted, not onlyin the visible terms <strong>of</strong> lives <strong>and</strong> resources lost, but<strong>of</strong> the long term opportunities <strong>of</strong> development,the loss <strong>of</strong> freedom for large populations, <strong>and</strong> theinstability, disorders <strong>and</strong> suffering they generateeven through occasional acts <strong>of</strong> disruption, canhardly be quantified.These threats are infinitely compounded by aregime <strong>of</strong> collusion <strong>and</strong> criminalization <strong>of</strong> thestate apparatus that has weakened governanceeverywhere. The Vohra Committee had writtenabout the urgency <strong>of</strong> breaking down the politicianbureaucrat-criminalnexus after the 1993 Mumbaibombings. Nearly two decades later, if anything,this nexus appears immensely stronger. It needsto be constantly reiterated that the activities <strong>of</strong> thecorrosive cabal <strong>of</strong> the corrupt, that is eating awayat the democratic <strong>and</strong> constitutional edifice fromwithin, is not only a law <strong>and</strong> order, but an urgentinternal security concern for the country. An elitewhose urge for domination is easily translatedinto a cynical machtpolitik based on force, fraud,<strong>and</strong> the ruthless use <strong>of</strong> power, is as much adanger <strong>and</strong> possibly even more detrimental to thenational interest, than any terrorist movement.It is necessary to recognize, moreover, that majorcrimes occur within an enabling environment thatcomprises a multitude <strong>of</strong> lesser transgressions;that the distressing theatre <strong>of</strong> a catastrophicterrorist attack is the culmination <strong>of</strong> a protractedseries <strong>of</strong> concealed – <strong>and</strong> preventable – <strong>of</strong>fencesthat relies on a network that services both petty<strong>and</strong> major crime. The same hawala networks, forinstance, service corrupt politicians, bureaucrats<strong>and</strong> businessmen, as well as terrorists. Smugglingchannels that bring grey market goods intothe country also bring in arms, ammunition<strong>and</strong> explosives. And the same compromisedenforcement agencies <strong>and</strong> personnel ‘look theother way’, when such crimes occur.It is significant that those who have spokenthe loudest – particularly in the wake <strong>of</strong>major terrorist attacks – about reforming <strong>and</strong>restructuring India’s intelligence ‘architecture’,have tended to maintain a deafening silence onan overwhelming proportion <strong>of</strong> these concerns,preferring to exploit the hysteria provoked byoccasional acts <strong>of</strong> terrorism to augment thepowers <strong>of</strong> select institutions, or to surreptitiouslyalter the constitutional distribution <strong>of</strong> powersbetween the Centre <strong>and</strong> the States.Nevertheless, within the broader context <strong>of</strong> themultiplicity <strong>of</strong> threats to national security <strong>and</strong>their impact on the rights <strong>and</strong> welfare <strong>of</strong> theaverage civilian, it is evident that the presumption<strong>of</strong> an inherent contradiction between intelligence<strong>and</strong> human rights or democratic freedomsis fundamentally false. Indeed, intelligenceoperations are <strong>of</strong>ten crucial in the protection<strong>of</strong> human rights, particularly where these arethreatened by organised criminal or terroristviolence, by deviant elements within the stateapparatus, <strong>and</strong> by the distortions that corruption<strong>and</strong> abuse <strong>of</strong> power introduce into the framework<strong>of</strong> constitutional governance. In the absence <strong>of</strong>effective intelligence, no possible preventive orcorrective to these ills can be found. All theseissues necessarily fall within the legitimate <strong>and</strong>pressing concerns <strong>of</strong> a principled intelligenceagency within a democratic framework. There is,here, no necessary conflict between democraticvalues <strong>and</strong> individual freedoms, on the oneh<strong>and</strong>, <strong>and</strong> intelligence operations, on the other.Principled intelligence operations are, in fact,necessary to the fuller exercise <strong>of</strong> freedom bythe average citizen. It cannot be the case, withinany just system <strong>of</strong> democracy, that the rights <strong>of</strong>criminals <strong>and</strong> those who violently transgress thelaw should have precedence over the rights <strong>of</strong>their victims – both potential <strong>and</strong> actual; this,however, is what the system for the protection <strong>of</strong>rights has come to mean in India. A just societycannot owe its criminals a protection greater thanit affords those who abide by its laws.It is useful to notice, here, that much <strong>of</strong> theassault on democracy is ideological, subversive<strong>and</strong> covert, <strong>and</strong> is executed through agenciesthat tread the margins <strong>of</strong> the law. Virtually allinsurgent, terrorist <strong>and</strong> organised criminal groups,today, set up front organisations, or penetrate <strong>and</strong>The Indian <strong>Police</strong> Journal, October - December, 2012, Special Issue 45
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The Indian Police JournalOctober -
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From the Director’s DeskNew Delhi
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23rd December, 1887: TheJourney beg
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Technology in Intelligence-Future S
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events) and inference from evidence
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He even suggested separate pay scal
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The Unsung HeroesThe Intelligence B