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National Investigation Agency
Common name NIA
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 SC Sinha, Director-General
Parent agency Department of Personnel and Training
Website
http://www.nia.gov.in

National Investigation Agency (NIA) is a new federal agency approved by the Indian Government to combat terror in India. The agency will be empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008.[1][2][3] NIA was created after the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised.

Radha Vinod Raju, Special Director General of Police in Jammu and Kashmir, is appointed as Director General of the newly established National Investigation Agency (NIA). A 1975-batch IPS officer, 59-year-old Raju, who heads the vigilance department in the militancy-hit state, will be the head of the NIA till January 31, 2010, an official spokesperson said.

Now appointed NIA head is CBI special director S.C. Sinha from February 2010, a 1975 Indian Police Service (IPS) officer, he became the second chief of the National Investigation Agency (NIA), succeeding R.V. Raju who retired,government sources here said.Sinha's tenure is expected to be till Oct 31,2013.

He was selected for the coveted post considering his wide knowledge and experiences in investigating high-profile cases, including assassination of former Prime Minister Rajiv Gandhi. Union Home Minister P Chidambaram recommended Raju's name which was signed by Appointments Committee of Cabinet headed by Prime Minister Manmohan Singh. Raju so as to enable his deputation to the Centre. He was to retire on July 31, this year. Raju, who has served in various capacities in CBI and returned to his parent cadre after being promoted as Additional Director in the investigating agency, also had a stint in the vigilance department. Serving as head of the Vigilance Bureau in Jammu and Kashmir earlier, Raju streamlined the department which was in shackles due to the ongoing militancy. The government had also sought views on it from various investigating and intelligence agencies, including the CBI, Intelligence Bureau and newly constituted National Technical Research Organisation. A Bill for the formation of the much-talked about National Investigation Agency was cleared by Parliament in December last year. As per the proposal, NIA will have 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 organisations, from which views have been elicited, have favoured an Indian Police Service official to head NIA. 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 will deal 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.[4][5]

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.

Home Minister P Chidambaram told reporters that the presidential assent has been received on 30 Dec 2008. He said the NIA will get its Director General in a few days.

"NIA will be established to investigate terrorist offences. As and when any case is assigned to the NIA, it will take up investigation," he said. Home minister Chidambaram told media persons that the work is in progress to set up 20 counter insurgency and anti-terrorism schools in the country which will train personnel to tackle cases involving terrorists. The Home Minister also announced that a round the clock information gathering and sharing centre on terrorism has come into effect from today. He said the Ministry will soon bring before the Cabinet a note on establishing National Security Guards hubs in four main cities of the country and more such hubs will be set up in other cities as well.

Some of the salient features of NIA are-

  • The Bill for constitution of the National Investigation Agency (NIA) to be applicable to whole of India, citizens of India outside India and persons on ships and aircraft registered in India.
  • Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.
  • The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.
  • If the Centre feels the offence is terror related, it shall direct the NIA for investigation.
  • Provision for transfer of investigation and trial of offences to state government with Centre's prior approval.
  • NIA may investigate other offences connected with terror-related offences.
  • A state government shall extend all assistance to NIA for investigation of terror-related offences.
  • Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences.
  • The Centre shall constitute special courts for trial of terror-related offences.
  • Special Courts may sit at any place for any of its proceedings.
  • For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state.
  • Offences punishable with imprisonment for less than three years may be tried summarily.
  • Bill for federal agency tabled in Lok Sabha
  • Special court to have all powers of the court of sessions under CrPC for trial of any offence under the Act.
  • Proceedings to be held 'in camera' if special court deems it necessary.
  • Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences.
  • State governments empowered to constitute one or more special courts.
  • No appeal shall be entertained after the expiry of 90 days. Highlights of Unlawful Activities (Prevention) Amendment Bill, 2008.
  • Use of bombs, dynamite, poisons or noxious gases, biological radioactive nuclear substances are terror act.
  • Aiding, abetting or committing a terrorist act shall be punishable with imprisonment up to ten years.
  • Funding terror activities, organising training camps and recruiting persons for committing terror acts shall be punishable with at least five years' imprisonment.
  • Detention of accused up to 180 days if investigation not completed.
  • No bail shall be granted if accused is not an Indian citizen and has entered the country unauthorisedly.
  • No accused, if in custody, to be released on bail or on his own bond.
  • Court shall presume, unless contrary is shown, that accused has committed offence.

References

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Template:Infobox Law enforcement agency

National Investigation Agency (NIA) is a new federal agency approved by the Indian Government to combat terror in India. The agency will be empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008.[1][2][3] NIA was created after the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised.

Radha Vinod Raju, Special Director General of Police in Jammu and Kashmir, is appointed as Director General of the newly established National Investigation Agency (NIA). A 1975-batch IPS officer, 59-year-old Raju, who heads the vigilance department in the militancy-hit state, will be the head of the NIA till January 31, 2010, an official spokesperson said.

He was selected for the coveted post considering his wide knowledge and experiences in investigating high-profile cases, including assassination of former Prime Minister Rajiv Gandhi. Union Home Minister P Chidambaram recommended Raju's name which was signed by Appointments Committee of Cabinet headed by Prime Minister Manmohan Singh. Raju so as to enable his deputation to the Centre. He was to retire on July 31, this year. Raju, who has served in various capacities in CBI and returned to his parent cadre after being promoted as Additional Director in the investigating agency, also had a stint in the vigilance department. Serving as head of the Vigilance Bureau in Jammu and Kashmir earlier, Raju streamlined the department which was in shackles due to the ongoing militancy. The government had also sought views on it from various investigating and intelligence agencies, including the CBI, Intelligence Bureau and newly constituted National Technical Research Organisation. A Bill for the formation of the much-talked about National Investigation Agency was cleared by Parliament in December last year. As per the proposal, NIA will have 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 organisations, from which views have been elicited, have favoured an Indian Police Service official to head NIA. 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 will deal 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.[4][5]

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.

Home Minister P Chidambaram told reporters that the presidential assent has been received on 30 Dec 2008. He said the NIA will get its Director General in a few days.

"NIA will be established to investigate terrorist offences. As and when any case is assigned to the NIA, it will take up investigation," he said. Home minister Chidambaram told media persons that the work is in progress to set up 20 counter insurgency and anti-terrorism schools in the country which will train personnel to tackle cases involving terrorists. The Home Minister also announced that a round the clock information gathering and sharing centre on terrorism has come into effect from today. He said the Ministry will soon bring before the Cabinet a note on establishing National Security Guards hubs in four main cities of the country and more such hubs will be set up in other cities as well.

Some of the salient features of NIA are-

  • The Bill for constitution of the National Investigation Agency (NIA) to be applicable to whole of India, citizens of India outside India and persons on ships and aircraft registered in India.
  • Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.
  • The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.
  • If the Centre feels the offence is terror related, it shall direct the NIA for investigation.
  • Provision for transfer of investigation and trial of offences to state government with Centre's prior approval.
  • NIA may investigate other offences connected with terror-related offences.
  • A state government shall extend all assistance to NIA for investigation of terror-related offences.
  • Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences.
  • The Centre shall constitute special courts for trial of terror-related offences.
  • Special Courts may sit at any place for any of its proceedings.
  • For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state.
  • Offences punishable with imprisonment for less than three years may be tried summarily.
  • Bill for federal agency tabled in Lok Sabha
  • Special court to have all powers of the court of sessions under CrPC for trial of any offence under the Act.
  • Proceedings to be held 'in camera' if special court deems it necessary.
  • Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences.
  • State governments empowered to constitute one or more special courts.
  • No appeal shall be entertained after the expiry of 90 days. Highlights of Unlawful Activities (Prevention) Amendment Bill, 2008.
  • Use of bombs, dynamite, poisons or noxious gases, biological radioactive nuclear substances are terror act.
  • Aiding, abetting or committing a terrorist act shall be punishable with imprisonment up to ten years.
  • Funding terror activities, organising training camps and recruiting persons for committing terror acts shall be punishable with at least five years' imprisonment.
  • Detention of accused up to 180 days if investigation not completed.
  • No bail shall be granted if accused is not an Indian citizen and has entered the country unauthorisedly.
  • No accused, if in custody, to be released on bail or on his own bond.
  • Court shall presume, unless contrary is shown, that accused has committed offence.

References


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