Centre to decide cases NIA will probe

NEW DELHI: The proposed National Investigation Agency (NIA) will have suo motu powers to investigate and prosecute ���scheduled offences��� ��� relating to terror, fake Indian currency notes, narcotics smuggling and hijacking of aircraft ��� across states, with the Centre retaining the discretion on whether or not a case is fit to be investigated by the agency.

According to the National Investigation Agency Bill, 2008, tabled in the Lok Sabha on Tuesday, a sub-inspector of the agency will enjoy all powers of the SHO of a police station under whose jurisdiction the offence has been committed.

To be headed by a DGP-rank officer, the NIA can request the state government to associate itself with the investigation at any time during the probe by the agency. It may, with the consent of the Centre, transfer the case to the state for probe and trial.

Justifying the need for an NIA in the statement of objects and reasons included in the Bill, home minister P Chidambaram said India, over the past several years, had suffered large-scale terrorism sponsored from across the borders.

Also referring to insurgency and Left-wing extremism, he said their complex inter-state and international linkages and possible connection with other crimes like smuggling of arms and drugs, circulation of fake Indian currency and infiltration, had highlighted the need for setting up a central agency for investigation of offences relating to terror and certain other acts with national ramifications.

As per the procedure laid out in NIA Bill, the SHO shall write to the state government soon after recording an FIR relating to a scheduled offence , which will then pass it on to the Centre. The Centre, over the next 15 days, would examine the gravity of the offence and the extent of its linkages to see if the case if fit to be probed by NIA.

Once satisfied with the merits of the case, the Centre shall direct NIA to investigate the offence, after which the police officer of the state government shall not proceed with investigation and would transmit the relevant case papers and records to the agency.

An important feature of NIA Bill is the provision for setting up of special courts to try the cases being handled by the agency. The special court will be presided over by a judge to be appointed by the Centre on recommendations of the chief justice of the high court. The judge would not be below the rank of sessions judge of additional sessions judge.

Significantly, the bill proposes to maintain continuity of trial by specifying that the attainment of superannuation by a judge of the special court would not affect his continuance. The Centre, by an order, can direct the judge to continue till a specified date or until the trial has been completed.

The NIA Bill provides for in-camera trial by the special courts, besides withholding of names and addresses of the witnesses.

The high court would also have the powers to shift trial from one special court under its jurisdiction to another. The trial under the proposed NIA Act would be held on a day-to-day basis and have precedence over trial of any other case against the accused in any other court.

An appeal shall lie in the high court and will be heard by a bench of two judges who will try to dispose of the appeal within three months. The appeal must be filed within 30 days of the order by the special court.