Monday, 07 April 2014 04:06




Over the past several years, India has been the victim of large scale terrorism sponsored from across the borders. There have been innumerable incidents of terrorist attacks, not only in the militancy and insurgency affected areas and areas affected by Left Wing Extremism, but also in the form of terrorist attacks and bomb blasts, etc., in various parts of the hinterland and major cities, etc. A large number of such incidents are found to have complex inter-State and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc. keeping all these in view, it was felt that there was a need for setting up of an Agency at the Central level for investigation of offences related to terrorism and certain other Acts, which have national ramifications. Several experts and Committees, including the Administrative Reforms commission in its Report, had made recommendations for establishing NIA.

The Government after due consideration and examination of the issues involved, proposed to enact a legislation to make provisions for establishment of a National Investigation Agency in a concurrent jurisdiction framework, with provisions for taking up specific cases under specific Acts for investigation.

The Agency has been empowered to deal with terror related crimes across states without special permission from the states. It can investigate any crime which has an implication with terrorism, left wing extremism, narcotics and similar type of offences.

When a case is registered in the local police station, according to the gravity of the reports, it will be sent to the state government and further from state government to the NIA. NIA is also authorized to investigate a matter suo motu and is also allowed to reject a case forwarded to it by the state government. NIA has concurrent jurisdiction which empowers the Centre to probe terror attacks in any part of the country, covering offences, including challenge to the country's sovereignty and integrity, bomb blasts, hijacking of aircraft and ships, and attacks on nuclear installations. Other than offences of terrorism, the Agency will also deal with counterfeit currency, human trafficking, narcotics or drugs, organised crime (extortion mobs and gangs), plane hijacking and violations of atomic energy act and weapons of mass destruction act.

Some of the salient features of the NIA are:

NIA is to be applicable to whole of India, citizens of India outside India and persons on ships and aircraft registered in India; Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence; A state government shall extend all assistance to NIA for investigation of terror-related offences; Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences; The Centre shall constitute special courts for trial of terror- related offences.

Special Courts may sit at any place for any of its proceedings; For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state; Offences punishable with imprisonment for less than three years may be tried summarily.

Some other features of NIA are: Special court to have all powers of the court of sessions under CrPC for trial of any offence under the Act; Proceedings to be held 'in camera' if special court deems it necessary; Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences; State governments empowered to constitute one or more special courts; and No appeal shall be entertained after the expiry of 90 days.

PLEASE COMMENT & SHARE......................................

Last Updated on Monday, 07 April 2014 04:19