Bill to strengthen NIA passed in LS; to finish off terror: HM

JAMMU: The National Investigation Agency which has remained at the forefront to curb to a significant extent the terror and its funding in Jammu and Kashmir is set to get more powers, as Lok Sabha on Monday passed a bill to make amendments to the NIA Act.

Home Minister Amit Shah, under whose command, a new focus has been seen in Centre’s Kashmir Policy, asserted that the law will be used to finish off terrorism while rejecting the apprehensions that the new laws might be used to target any community.

The National Investigation Agency (Amendment) Bill, 2019—which intends to amend NIA Act-2008, aims to provide the probe agency with powers to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism. It also allows for the creation of special courts for adjudicating such crimes.

The bill also seeks to allow the NIA jurisdiction over scheduled offences committed outside India, subject to international treaties and the domestic laws of other countries. A special court in New Delhi will preside over such cases.

Many of these new powers are significant for Centre’s policy of zero tolerance towards terrorism, as most of funding for terror activities in Jammu and Kashmir comes from Pakistan.

An in-depth analysis of the bill reveals three major amendments to the National Investigation Agency (NIA) Act of 2008.

The first change is the type of offences that the NIA can investigate and prosecute. Under the existing Act, the NIA can investigate offences under Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967.

The latest amendments will enable the NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.

The second change pertains to NIA’s jurisdiction. Under the Act, for the offences under its purview, NIA officers have the same power as other police officers and these extend across the country.

The Bill amends this to give NIA officers the power to investigate offences committed outside India.
NIA’s jurisdiction will be subject to international treaties and domestic laws of other countries.

The third change relates to the special trials courts for the offences that come under NIA’s purview or the so-called “scheduled offences”. The existing Act allows the Centre to constitute special courts for NIA’s trials. But the Bill enables the Central government to designate sessions courts as special courts for such trials.

The NIA was set up in 2009 in the wake of the Mumbai terror attack that had claimed 166 lives. Since 2017, the Union Home Ministry has been pushing for giving more powers to the NIA to meet fresh challenges.

Defending the bill, the Government refuted opposition's allegations of "misuse" of the NIA law to target members of a community, and stressed that people have given the mandate to the government to protect the country from terrorism.

In an intervention during the discussion on National Investigation Agency (Amendment) Bill, 2019, Shah said Parliament should speak in one voice to send out a message to terrorists and the world.

Some MPs said the anti-terror law is misused at times to target members of a particular community.

"Let me make it clear the Modi government has no such intention. Its only goal is to finish off terrorism but we will also not look at the religion of the accused while taking action," Shah said.

Replying to the discussion, Minister of State for Home Affairs G Kishan Reddy said the government is committed to protect the country from terrorism.

"This is a government run by chowkidar and will be at the forefront for the security of the country," he said adding terrorism has no religion or caste or region, "it's just terrorism".

He said that there are no issues of federal system with NIA and it works in close coordination with states and their agencies.

He added that NIA often writes to chief secretary and DGP of state before initiating an investigation.

He said that surgical and air strikes have shown that there are other means available with the government to deal with terrorism when it comes to Pakistan.

"Things were not properly worked out during your (Congress) government, we are fixing that," he said.
NIA is investigating as many as 272 cases and has filed charge sheet in 199.

The minister said that out 272 cases, the courts have already delivered their judgements in 51 and in 46 cases, people have been convicted. "There is a 90 per cent conviction rate," he said.

"We want to strengthen NIA" and it does not have any link to any religion or political party, he said, adding that the people have given the mandate to the government to protect the country from terrorism.

Later Asaduddin Owaisi (AIMIM) sought division of votes when the bill came up for passage.

Even Home Minister Amit Shah said that division should be taken up to show "who all are for or against terrorism".

While 278 members supported its consideration, only six opposed it.

The bill was later passed by a voice vote.

During the debate, Manish Tewari (Cong) accused the government of trying to turn India into a "police state".

However, Minister Reddy told the House, "We want to fight terrorism with zero tolerance and have brought this bill in national interest. I pray to all of you for its passage."

Appropriate punishment to the accused at times is not meted out to criminals involved in human trafficking, Reddy said, pitching for the NIA to probe these cases.

With terrorism having international dimensions, he said it is imperative that the NIA is empowered to probe incidents of terrorism targeting Indians, Indian embassy and other assets abroad.

Tewari claimed that the constitutional validity of the NIA Act, which led to the investigation agency's formation, is still not settled as pleas challenging its validity are pending in different courts.

Several opposition members, including N K Premachandran and Saugata Roy, even questioned the government's decision to push for a discussion amid the ongoing budget-related debates, but Speaker Om Birla ruled that a debate can start.

Danish Ali (BSP) too alleged that through this bill the Government is in a hurry to convert this state into "police state".

"The fundamental right of common man should not be violated," Ali said.

Supriya Sule (NCP) said the government should not make the issue of dealing with terrorist into a political one and sought to know what concrete plan it has to bring wanted terrorists back to India.

Ravneet Singh (Cong) said courts should decide on the cases investigated by NIA within three months.
Claiming that the credibility of NIA is eroding, E T Mohammed Basheer (IUML) said that the investigative agency is now a "chained bird" and does not have a free hand.

AIMIM leader Owaisi sought to know from the government whether it will appeal in the Mecca Masjid blast and Samjhauta blast cases where victims were Muslims.