After dithering for four and a half years, the Congress-led UPA Government introduced in Parliament a law aimed at setting up a federal agency to investigate terrorism-related cases. It also proposed crucial changes to the Unlawful Activities (Prevention) Amendment Act, 1967 that could give law enforcement agencies more powers to deal with those accused of involvement in terrorist activity.
• The National Investigation Agency Bill, 2008, provides for setting up an agency at the Central level with powers to probe terrorism and other crimes with national ramifications such as challenges to the country`s sovereignty and integrity, bomb blasts, hijacking of aircraft and ships and attacks on nuclear installations. It will also probe acts of terror by Naxalites.
• That the agency would be like any other government agency such as the CBI can be gauged from the fact that it will not be able to take up suo motu investigation of any terrorism-related incident without prior approval of the Union home ministry.
• The final word on whether a case merits investigation by the NIA or not would also rest with the Central government, which would have 15 days to decide if any case brought to its notice by a state government needs to be investigated by the NIA.
• Till then, the local police would be expected to investigate the matter on its own. The Bill also makes it mandatory for the state government where the case is under investigation to extend all assistance and cooperation to the NIA. It envisages setting up of special courts to try terror-related cases. The Supreme Court would have the power to transfer a case from one special court to another.
• Other features of the NIA Bill: Protection of witnesses by keeping their identity and address secret, holding in camera trial, appointment of special prosecutors, fast-track trial and appeal against decision of a special court to lie with the state high court.
• To be headed by a director general, the NIA would investigate cases under the Atomic Energy Act, 1962; specific acts for investigation, UAPA; Anti-Hijacking Act, 1982; Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982; Saarc Convention on (Suppression of Terrorism) Act, 1993; Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, etc.
While the Unlawful Activities (Prevention) Act, 2008 (UAPA) would still not be as stringent as the Prevention of Terrorism Act, 2002 (POTA), which was repealed by the present UPA government immediately after it came to power in 2004, the new amendments allow longer detention without bail.
• The magistrate would have the power to extend the custody of an accused to a maximum of 180 days. Under POTA, the court did not have power to grant bail if the prosecutor agreed.
• Under the revised UAPA, raising funds directly or indirectly for terrorist organisations or for commission of terrorist acts has been made an offence punishable with a prison term of a minimum of five years.
• Anybody organising terrorist training camps or recruiting terrorists or their supporters would also be punished.
• The Central government or its designated agencies have also been given power to freeze, seize or attach funds and other financial assets or economic resources held by terrorists or their sympathisers.
• Citizens and organisations will now have to provide whatever information the investigating agency seeks while probing cases of terrorism. Refusal to do so has been made punishable with a jail term.