National Investigation Agency

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National Investigation Agency
Common name NIA
National Investigation Agency India logo.png
Logo of the National Investigation Agency.
National Investigation Agency (India) flag.png
Flag of the National Investigation Agency.
Agency overview
Formed 2009
Legal personality Governmental: Government agency
Jurisdictional structure
Federal agency India
Governing body Government of India
General nature
Operational structure
Headquarters New Delhi, India
Agency executive Sharad Kumar, Director-General
Parent agency Department of Personnel and Training
Website
www.nia.gov.in

National Investigation Agency (NIA) is a federal agency established by the Indian Government to combat terror in India. It acts as the Central Counter Terrorism Law Enforcement Agency. The agency is empowered to deal with terror related crimes across states without special permission from the states. The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India on 31 December 2008.[1][2][3][4]

NIA was created after the 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised. The founding Director-General of NIA was Radha Vinod Raju, and he served till 31 January 2010. He was succeeded by Sharad Chandra Sinha[5][6] till March 2013 when he was appointed the member of the National Human Rights Commission of India. In July 2013, Sharad Kumar was appointed as the Chief of National Investigation Agency succeeded by N R Wasan.[7]

Bill[edit]

A Bill for the formation of the National Investigation Agency was passed by Parliament in December 2008. As per the Bill, 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.

The ground staff of the agency in the national capital could be drawn from existing central staff and security organisations while in the states, permanent deputation from the state police could be taken. Other than offenses of terrorism, it also deals 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.[8][9]

The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill on Tuesday, 30 Dec, 2008, became a law as President Pratibha Patil gave her assent to the legislation which were passed in the last session of Parliament.

Vision[edit]

Agency aims to be a thoroughly professional investigative agency matching the best international standards. It aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. It also aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.[10]

Jurisdiction[edit]

The Agency has been empowered to conduct investigation and prosecution of offenses under the Acts specified in the Schedule of the NIA Act.[11] 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 offenses 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. Officers of the NIA who are drawn from the Indian Revenue Service and the Indian Police Service have all powers, privileges and liabilities which the police officers have in connection with investigation of any offense.[12]

Special NIA Courts[edit]

Various Special Courts have been notified by the Central Government of India for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. 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 if the same is in the interest of justice in light of the prevailing circumstances in any particular state. They are empowered with all powers of the court of sessions under Code of Criminal Procedure, 1973 for trial of any offense.[11]

Trial by this courts are held on day-today basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and have to be concluded in preference to the trial of such other case. An appeal from any judgment, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both on facts and on law. Such an appeal is heard by a bench of two Judges of the High Court. At present there are 38 Special NIA Courts.[13] State Governments have also been empowered to appoint one or more such special courts in their states.[11]

Recent Success of NIA[edit]

In year 2012, NIA with the assistance of Interpol and Saudi Intelligence agencies has successfully arrested terrorists namely: Abu Jundal alias Abu Hamza, (Pakistani national), Fasih Mohammad and Yaseen Bhatkal (Indian Mujahideen citizen).[14]

It has identified two Naxalite commanders in Bastar who were part of the ambush that killed almost the entire Congress' Chhattisgarh top brass.[15]

See also[edit]

References[edit]

  1. ^ "National Investigation Agency: About Us". National Investigation Agency. Retrieved 16 June 2013. 
  2. ^ TNN Dec 16, 2008, 12.04am IST (2008-12-16). "Finally, govt clears central terror agency, tougher laws". Articles.timesofindia.indiatimes.com. Retrieved 2013-09-28. 
  3. ^ "Cabinet clears bill to set up federal probe agency". Ndtv.com. Retrieved 2012-12-09. 
  4. ^ PTI Dec 16, 2008, 07.40pm IST (2008-12-16). "Govt tables bill to set up National Investigation Agency". Articles.timesofindia.indiatimes.com. Retrieved 2013-09-28. 
  5. ^ "Sharad Chandra Sinha new NIA chief". Deccan Herald. February 2010. Retrieved 11 July 2013. 
  6. ^ "S.C. Sinha- Appointed Director General of NIA". Jagranjosh.com. Retrieved 2012-12-09. 
  7. ^ "Sharad Kumar to be new National Investigation Agency chief". NDTV. 30 July 2013. Retrieved 31 July 2013. 
  8. ^ TNN Dec 17, 2008, 12.56am IST (2008-12-17). "Govt moves bill on NIA". Articles.timesofindia.indiatimes.com. Retrieved 2013-09-28. 
  9. ^ "Govt brings in terror bill with stringent provisions, NIA". Zeenews.com. 2008-12-16. Retrieved 2012-12-09. 
  10. ^ "Vision and Mission". National Investigation Agency. Retrieved 2012-12-09. 
  11. ^ a b c "National Investigation Agency Act 2008". National Investigation Agency. Retrieved 16 June 2013. 
  12. ^ "Frequently Asked Questions". National Investigation Agency. Retrieved 16 June 2013. 
  13. ^ "National Investigation Agency - Courts". 
  14. ^ "Saudi sends IM terror suspect back to India". Hindustan Times. Retrieved 2013-09-28. 
  15. ^ "NIA cracks Bastar ambush case as Naxal Usendi Sings". The Economic Times. 24 January 2014. Retrieved 24 January 2014. 

External links[edit]