Context : The Supreme Court has observed that bail may be denied in cases investigated by the National Investigation Agency (NIA) if trials are completed within six months, highlighting the need for expedited proceedings in national security cases.
About National Investigation Agency (NIA).
Genesis and Statutory Framework
- Establishment: The NIA was constituted under the National Investigation Agency (NIA) Act, 2008, in the aftermath of the 26/11 Mumbai terror attacks.
- Operational Status: Formally came into existence on 31st December 2008 and commenced operations in 2009.
- Headquarters: New Delhi.
Mandate and Powers
- Role: It functions as India’s Central Counter-Terrorism Law Enforcement Agency.
- Federal Authority: The agency is empowered to investigate terror-related crimes across states without special permission from the State Governments, subject to a written proclamation from the Ministry of Home Affairs (MHA).
- International Obligations: It investigates offences under statutory laws enacted to implement UN resolutions, treaties, and international agreements.
- Jurisdictional Scope
- The jurisdiction of the NIA is extensive, covering:
- Territorial: Extends to the whole of India.
- Extraterritorial:
1.Indian citizens residing outside the country.
2.Persons in the service of the government, regardless of posting location.
3. Persons on ships and aircraft registered in India, wherever they may be.
4.Persons committing a scheduled offence beyond India against an Indian citizen or affecting the interest of India.
Scope of Offences (Scheduled Offences)
The NIA is mandated to investigate offences affecting the sovereignty, security, and integrity of India, specifically including:
- Offences against atomic and nuclear facilities.
- Crimes affecting friendly relations with foreign states.
- Smuggling of arms, drugs, and Fake Indian Currency Notes (FICN).
- Infiltration from across international borders.
