ID :
36017
Wed, 12/17/2008 - 09:38
Auther :
Shortlink :
http://m.oananews.org//node/36017
The shortlink copeid
Indian Govt brings Bill to set up national probe agency
New Delhi, Dec 16 (PTI) Rattled by the Mumbai terror attacks, Indian Government Tuesday introduced two Bills to set up a National Investigation Agency (NIA) with special powers and to amend the law to provide for more stringent action to deal with terrorism effectively.
The National Investigation Agency Bill 2008 and The
Unlawful Activities (Prevention) Amendment Bill were moved by
India's Home Minister P Chidambaram in the Lok Sabha (lower
House of Indian Parliament), a day after the Union Cabinet
gave its nod to such measures.
The NIA Bill provides for setting up of Special Courts
for speedy trial of terror-related offences, with hearings to
be held on day-to-day basis. Any case pending in any special
court can be transfered to any other special court.
Notwithstanding law and order being the state subject,
officers of the NIA above the rank of Sub Inspector will have
special powers to pursue and investigate any offence related
to terror across the country.
Officers of the Agency would enjoy all powers, duties,
privileges and liabilities which the local police officers
have in connection with cases related to terror.
The Bill to amend the Unlawful Activities (Prevention)
Act has stringent provisions including detention period of 180
days instead of 90 days now and denial of bail altogether to a
foreigner accused of terrorism in the country.
Even an Indian national accused in a terror-related case
cannot be released on bail or on his own bond unless the
public prosecutor has been given an opportunity of being heard
on the application for such release.
The Bill says that the court shall presume, unless the
contrary is shown, that the accused has committed an offence
for which he has been arrested, including possession of arms
or explosives with a belief that these or such substances were
used in the commission of a terror act.
It also provides for freezing, seizing and attaching
funds and other financial assets or economic resources held by
individuals or entities engaged in or suspected to be engaged
in terrorism.
A new section has been inserted in the Bill which says
that those using explosives, firearms, lethal weapons,
poisonous chemicals, biological or radiological weapons with
the intention of aiding, abetting or committing terror act
"shall be punishable with imprisonment for a term which may
extend to ten years".
The Bill says that anyone in India or in a foreign
country who directly or indirectly raises or collects funds
or provides funds for a terrorist act shall be punishable with
at least five year imprisonment, which may extend to life.
A similar punishment has been provided in the Bill for
those organising camps for training in terrorism, and also for
those recruiting persons for commission of a terrorist act.
The Bill says that every offence punishable under this
Act shall be deemed to be congnizable offence.
It says that if it is not possible to complete the
investigation within 90 days, it may be extended upto 180
days. Besides, no person accused of a terror-related offence,
if in custody, would be released on bail or on his own bond.
The NIA Bill also provides for protection of witnesses by
keeping their identity and address secret if the special court
is satisfied that the life of such a person is in danger.
The hearings may be held in 'in camera' if the special
court so desires.
On receipt of report from the state government, the
Centre shall determine on the basis of information available
from the state government or received from other sources
within 15 days whether the offence is related to terror or any
other national crime.
If the Centre is of the opinion that an offence committed
requires to be investigated under the proposed NIA Act, it may
suo motu direct the agency to investigate it.
A state government or any police officer of a state
government investigating the offence shall not proceed with
the investigation and shall forthwith transmit the relevant
documents and records to the agency.
The state government shall extend all assistance and
cooperation to the agency for investigation of a
terror-related case.
The NIA, having regard to the gravity of the offence and
other relevant factors, may request the state government to
associate itself with the investigation or with approval of
the Central government transfer the case to the state
government for probe and trial of the offence.
The statement of objects and reasons of the bill says the
need has been felt for long for setting up an agency at the
Central level for investigation of offences related to
terrorism and certain other acts having national
ramifications. PTI SMI
SAK
NNNN
The National Investigation Agency Bill 2008 and The
Unlawful Activities (Prevention) Amendment Bill were moved by
India's Home Minister P Chidambaram in the Lok Sabha (lower
House of Indian Parliament), a day after the Union Cabinet
gave its nod to such measures.
The NIA Bill provides for setting up of Special Courts
for speedy trial of terror-related offences, with hearings to
be held on day-to-day basis. Any case pending in any special
court can be transfered to any other special court.
Notwithstanding law and order being the state subject,
officers of the NIA above the rank of Sub Inspector will have
special powers to pursue and investigate any offence related
to terror across the country.
Officers of the Agency would enjoy all powers, duties,
privileges and liabilities which the local police officers
have in connection with cases related to terror.
The Bill to amend the Unlawful Activities (Prevention)
Act has stringent provisions including detention period of 180
days instead of 90 days now and denial of bail altogether to a
foreigner accused of terrorism in the country.
Even an Indian national accused in a terror-related case
cannot be released on bail or on his own bond unless the
public prosecutor has been given an opportunity of being heard
on the application for such release.
The Bill says that the court shall presume, unless the
contrary is shown, that the accused has committed an offence
for which he has been arrested, including possession of arms
or explosives with a belief that these or such substances were
used in the commission of a terror act.
It also provides for freezing, seizing and attaching
funds and other financial assets or economic resources held by
individuals or entities engaged in or suspected to be engaged
in terrorism.
A new section has been inserted in the Bill which says
that those using explosives, firearms, lethal weapons,
poisonous chemicals, biological or radiological weapons with
the intention of aiding, abetting or committing terror act
"shall be punishable with imprisonment for a term which may
extend to ten years".
The Bill says that anyone in India or in a foreign
country who directly or indirectly raises or collects funds
or provides funds for a terrorist act shall be punishable with
at least five year imprisonment, which may extend to life.
A similar punishment has been provided in the Bill for
those organising camps for training in terrorism, and also for
those recruiting persons for commission of a terrorist act.
The Bill says that every offence punishable under this
Act shall be deemed to be congnizable offence.
It says that if it is not possible to complete the
investigation within 90 days, it may be extended upto 180
days. Besides, no person accused of a terror-related offence,
if in custody, would be released on bail or on his own bond.
The NIA Bill also provides for protection of witnesses by
keeping their identity and address secret if the special court
is satisfied that the life of such a person is in danger.
The hearings may be held in 'in camera' if the special
court so desires.
On receipt of report from the state government, the
Centre shall determine on the basis of information available
from the state government or received from other sources
within 15 days whether the offence is related to terror or any
other national crime.
If the Centre is of the opinion that an offence committed
requires to be investigated under the proposed NIA Act, it may
suo motu direct the agency to investigate it.
A state government or any police officer of a state
government investigating the offence shall not proceed with
the investigation and shall forthwith transmit the relevant
documents and records to the agency.
The state government shall extend all assistance and
cooperation to the agency for investigation of a
terror-related case.
The NIA, having regard to the gravity of the offence and
other relevant factors, may request the state government to
associate itself with the investigation or with approval of
the Central government transfer the case to the state
government for probe and trial of the offence.
The statement of objects and reasons of the bill says the
need has been felt for long for setting up an agency at the
Central level for investigation of offences related to
terrorism and certain other acts having national
ramifications. PTI SMI
SAK
NNNN
