The National Investigating Agency (NIA), the central agency responsible for combating terror in India, is handling 32 ‘terror-related’ cases in the state of Jammu and Kashmir, the Ministry of Home Affairs has informed the Parliament.
The other central investigating agency, Central Bureau of Investigations (CBI) is handling 12 cases, which include 11 Regular Cases, 1 Preliminary Enquiry as on 30.06.2019, in the state of Jammu & Kashmir, the MHA said.
The ministry was responding to the questions raised by newly inducted Member of Parliament from Anantnag Parliamentary seat, Hasnain Masoodi about the details of the procedure for grant of consent by any State Government for the working/operation of CBI and NIA.
He had also sought the list of the States in the country which do not have the jurisdiction of CBI and NIA in their States at present, the details of FIRs/cases presently pending with the CBI pertaining to the State of Jammu and Kashmir and the details of FIRs/cases presently pending with the NIA pertaining to the State of Jammu and Kashmir?
Responding to the queries, the Minister of State in the Ministry of Home Affairs G. Kishan Reddy said that the jurisdiction of NIA extends to the whole of India as per the NIA Act, 2008.
“The NIA is assigned cases by Ministry of Home Affairs pertaining to offences provided in the schedule to the NIA Act, 2008, either on the basis of a report from the State Government or suo-motu based on the gravity of the offences as envisaged under Section 6 of the Act,” G. Kishan Reddy said.
Answering the query about the jurisdiction of CBI, the Minister said that, “As far as CBI is concerned, as per the provisions of Section 6 of Delhi Special Police Establishment Act, 1946 (DSPE Act), the State Government issues Notification granting consent to enable any member of DSPE (CBI) to exercise power and jurisdiction in any area in the concerned state.”
The government in a written response said that pursuant to such Notification u/s 6 of DSPE Act (CBI) by the State Government, the Government of India (DoPT) may issue Notification under section 5 of DSPE Act, thereby extending the powers and jurisdiction of members of the DSPE, for investigation of any offence or classes of offences specified in the notification under section 3 of DSPE Act, 1946, to such area in the concerned State.
The government further said that CBI does not have consent of the States of Chhatisgarh, West Bengal and Tripura for allowing DSPE to exercise its powers and jurisdiction in these states.
Pertinent to mention that here in the last two years, NIA has expanded its ambit in Jammu and Kashmir by whipping the separatist leadership including Shabir Shah and Nayeem Khan – who are presently in Tihar jail, under its renewed policy in cracking down on Hurriyat.
With increased NIA scrutiny over Kashmiri leadership, it seems likely that the agency will pile up more cases and carry out more arrests in the future.