NIA made more effective!

By M.Y.Siddiqui

With the establishment of National Terrorism Data Fusion and Analysis Centre (NTDFAC) for enabling of Big Data Analytics and facilitating the automation and digitization of the various investigative processes, and procedures at the headquarters of National Investigation Agency (NIA) at New Delhi, the efficiency, consistency and accountability of the premier national agency to prevent, nab, curb, arrest, prosecute and punish with iron hands, acts, suspected or real terrors, has been made most effective. NIA’s mandate includes investigation of incidents of terror attacks, funding of terrorism, terror related crimes and cases of sabotage, bomb blasts, untoward incidents and similar other occurrences including human trafficking and prohibited arms..

NIA is a premier national investigation organization dedicated to investigate all terror related crimes. The NIA Act, 2008 was amended in 2019 to enlarge its mandate to include offences of human trafficking, manufacture/sale of of prohibited arms, cyber terrorism and offences under the Explosive Substances Act, 1908, and expansion of jurisdiction of NIA beyond India. Unlike the Central Investigation Bureau (CBI), which cannot investigate a matter within its jurisdiction in a State without the mandatory permission of the concerned state government or as directed by the concerned High Court, NIA’s jurisdiction spans across the country. It can suo motu investigate, detain/arrest any person from any nook and corner of the country. For investigation of terror related crimes against India abroad NIA acts within the ambit of diplomatic formalities.

The worrisome points against the NIA include its gross misuse by the RSS Pariwar union government by detaining weaker and vulnerable sections of minorities comprising Muslims, Christians and Sikhs, Dalits and tribals, since 2014. NIA was formed in the wake of Mumbai terror attacks of 2008 under the National Investigation Agency Act, 2008. It has taken up total of 573 cases till date. NIA got 79 accused convicted in 27 cases in 2023 followed by the conviction of 26 accused in the six cases, in which the NIA special courts pronounced judgment in the first half of 2024. According to official sources, conviction rate of NIA is claimed to be 94.7 percent. It arrested 625 accused and attached 240 assets, including 156 bank accounts worth 56 crore. The fact that most of the cases of conviction by the NIA special courts are set aside by the High Courts or the Supreme Court, proves that most of such cases are frame-up cases against the political adversaries or serve the agenda of RSS Pariwar.to repress/oppress the innocent vulnerables.

In 2023, following fight intensified against terrorists and gangsters, NIA achieved 93 percent conviction rate, arrested 624 accused in 2023. NIA special courts are empowered with all powers of the court of sessions under the Criminal Procedure Court (CrPC). Keeping in consideration the zero tolerance policy of the government against terrorism, the union government in the Ministry of Home Affairs (MHA), which exercises direction, superintendence and control over NIA, reviews regularly administrative and legal requirements of NIA to enable it to discharge its duties professionally more and more effectively. Accordingly, the MHA has taken several measures during the last five years to enhance the capacity of NIA.  

NIA, headquartered in New Delhi, has 21 branch offices across the country. Thirteen of them are located at Chandigarh, Ranchi, Imphal, Chennai, Ahmedabad, Bengaluru, Patna, Jaipur, Bhopal, Bhubaneswar, Vishakhapatnam, Dimapur and Dehradun, in the last five years. During the same period, 809 additional posts have been created. Out of these, 142 posts are for two new divisions set up at NIA headquarters, one for investigation and monitoring of human trafficking cases and the other for investigation of offences of cyber terrorism, explosives and prohibited arms as also for strengthening of its legal wing. The UAPA 1967 was amended in 2019 to empower Director General (DG), NIA to approve the seizure/attachment of the properties acquired from the proceeds of terrorism in cases under investigation.

NIA has sweeping powers to invoke all draconian laws like UAPA, National Security Act, and all other dreaded and draconian laws including provisions of criminal laws. Its action is non-bail able. bail is not granted to accused until investigations are complete and the accused charge sheeted. It takes years incharge sheeting the accused. The process in itself is punishments. The courts are reluctant to grant bail despite the ‘bail being the rule and not the jail’ ostensibly in the name of national security. But whatever it be, NIA is not free and its actions are akin to the RSS agenda and for that matter it is as unfair, biased, unneutral, communal and religiously polarizing like its RSS Pariwar political masters and all other investigation agencies and institution, so much for the rule of law based religion-neutral (secular) constitutional democratic governance!

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