NATIONAL INVESTIGATION AGENCY

NATIONAL INVESTIGATION AGENCY

It is the Central Agency mandated to investigate all the offenses affecting the sovereignty, security, and integrity of India, friendly relations with the foreign state, and the offenses under the Statutory law enacted to implement international treaties, agreements, conventions, and resolutions of the United Nations.

When did NIA come into being?

• In the wake of 26/11 Mumbai terror attack, which shocked the entire world the UPA government decided to establish the NIA and introduced the National Investigation Agency Bill.
• Initially, the agency dealt with only 8 laws mentioned in the schedule, and also a balance had been struck between the right of the State and the duties of the Central government to investigate the more important case.
• The agency came into existence on December 31 2008 and started its functioning in 2009.
• The NIA law was amended in 2019 along with the UAPA law conferring more power on the agency and its officers.

Scheduled offences and NIA jurisdiction

• Scheduled offences list includes the Explosive Substance Act, Atomic Energy Act, Unlawful Activities (Prevention) Act, Anti-hijacking Act, Suppression of Unlawful Acts, against the Safety of Civil Aviation Act, etc.
• In September 2020, the Center empowered the NIA to probe offences under the Narcotic Drugs and Psychotropic Substances Act, along with offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, and cyber-terrorism.
• The jurisdiction of the agency was extended to the whole of India and also applied to Indian citizens outside the country, a person in the service of the government wherever they are posted, and persons on ships and aircraft registered in India wherever they may be.
• Section 6 of the act state that, the State Government can refer the cases registered at any police station to the Central Government for the NIA investigation.
• The Central Government can also direct the NIA to take any case if it feels that the case has been registered within the scheduled offence without getting a request from the concerned State Government.
• The Agency has the power with the previous approval of the Central Government to transfer the investigation to the State Government or can request State Government to associate itself with the investigation.
• The Central Government can also designate session courts as special courts for NIA trials.
• Under the Unlawful Activities (Prevention) Amendment (UAPA) passed in 2o019, NIA officers can conduct raids, and seize properties that are suspected to be linked to terrorists without taking prior permission of the Director-General of Police Of a state.

Goal of NIA

• Developing a professional workforce through regular training and exposure to the best practices and procedural
• Importance to the protection of human rights and dignity of the nation.
• To assist all the states and other investigating agencies in investigating terrorist cases.

CRITICISM

• The act has been criticized for taking away the state’s power of conducting an investigation through police and conferring discretionary and arbitrary power on the Centre.
• Many states have objected that the Union Government is encroaching upon the State’s Constitutional powers enshrined Under Schedule 7.
• The NIA Act also gives power to the agency authority to investigate crimes committed by persons who are against Indian citizens or “attracting the interest of India”, The term ‘attracting the Interest of India” has not been defined and can be misused by the Government.
• Lack of dedicated officers as the officers are recruited from the Central State Police and Central Armed Police Force on deputation.
• Lack of coordination mechanism with other specialized agencies like RAW, and Intelligence Bureau.

NIA has a vital role to protect Indian sovereignty and Integrity. But powers conferred upon the agency must equally respect the principle of Indian Federalism and proper checks and balances must be ensured to curb its misuse.