National Investigation Agency (NIA)

• IAS NEXT, Lucknow
• 25, Dec 2021

Reference News:-

The National Investigation Agency (NIA) has filed a chargesheet against three accused in connection with the recovery of an improvised explosive device (IED) at Bhatindi in Jammu & Kashmir in June this year.

Background:

During investigation it was found that the three accused persons were receiving instructions from Pakistan-based handlers via WhatsApp. Investigation has unearthed a larger conspiracy of recruitment and plans to activate a significant number of radicalised youths in Kashmir to target security personnel and public places to wage war against the government of India.

About NIA:

It is a central agency to investigate and prosecute offences:

• affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States.
• against atomic and nuclear facilities.
• smuggling in High-Quality Counterfeit Indian Currency.

It is also the Central Counter Terrorism Law Enforcement Agency.

• It is empowered to deal with terror related crimes across states without special permission from the states.
• Established under the National Investigation Agency Act 2008.
• Works under the Ministry of Hime Affairs.

Jurisdiction:

• A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act.
• Central Government can also order NIA to take over investigation of any scheduled offense anywhere in the India.

Composition:

Officers of the NIA are drawn from the Indian Police Service and Indian Revenue Service.

Special NIA Courts:

• Various Special Courts have been notified by the Central Government of India.
• Any question as to the jurisdiction of these courts is decided by the Central Government.
• These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region.
• Supreme Court of India has also been empowered to transfer the cases from one special court to any other special court within or outside the state.

Powers:

The NIA Special Courts are empowered with all powers of the court of sessions under Code of Criminal Procedure, 1973 for trial of any offense.

Appeals:

An appeal from any judgement, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both on facts and on law. State Governments have also been empowered to appoint one or more such special courts in their states.