National Investigation Agency (NIA)
Modi government said they will not misuse this law
National Investigation Agency (NIA), Lok Sabha on Monday passed a bill to allow India's anti-terror agency to investigate cases of terrorism targeting Indians as well as Indian assets abroad. The Bill, which amends the NIA Act, 2008, was first introduced by the Minister for Home Affairs, Amit Shah, on July 8, 2019.
The Act provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). It also facilitates the creation of Special Courts for the trial of scheduled offences.
The amendments, which will allow the NIA to probe cyber-crimes and cases of human trafficking, was passed with 278 members voting in its favour and six against it. This was imperative for the Prime Minister Narendra Modi government's policy of zero-tolerance against terrorism.
Reiterating 'zero tolerance' policy of the government against terrorism, Amit Shah said "Terrorism is terrorism, it's neither RIGHT nor LEFT. Perpetrators of terrorist acts need to be punished and will get punished."
"All political parties, members of Parliament and the Government must come together to fight terror without pointing fingers at each other, otherwise it would boost the morale of the terrorists," Shah said while speaking in Parliament during a discussion on the NIA (Amendment) Bill, 2019.
Refuting Opposition claims over "misuse" of the NIA law, Amit Shah on Monday asserted that the Modi government will never misuse it on the basis of religion but ensure that terrorism is finished off irrespective of the religion of the accused.
What is the NIA (Amendment) Bill, 2019
The Bill says it wants to facilitate the speedy investigation and prosecution of Scheduled Offences, including those committed outside India against the Indian citizens or affecting the interest of India and to insert certain new offences in the Schedule to the Act as Scheduled Offences which adversely affect the national security, it has become necessary to amend certain provisions of the Act.
While Minister of State for Home G Kishan Reddy sought the support of all parties for the passage of the National Investigation Agency (Amendment) Bill, 2019, Manish Tewari of the Congress accused the government of trying to turn India into a "police state".
Reddy told the House that the new law will allow the NIA to probe cases of terrorism targeting Indians and Indian assets abroad, and also empower the agency to investigate cases of arms and human trafficking besides those linked to cyber terrorism.
Special Courts: The Bill allows the central government to constitute Special Courts for the trial of scheduled offences. The Act amends this to state that the central government may designate Sessions Courts as Special Courts for the trial of scheduled offences. The central government is required to consult the Chief Justice of the High Court under which the Sessions Court is functioning, before designating it as a Special Court. When more than one Special Court has been designated for any area, the senior-most judge will distribute cases among the courts. Further, state governments may also designate Sessions Courts as Special Courts for the trial of scheduled offences.
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