Unlawful Activities (Prevention) Act and Nia
The national investigation agency investigates and prosecutes offenses affecting the sovereignty, secularity, and integrity of the country. In addition, to the National Investigation Agency act, Parliament also passed amendments to the Unlawful Activities(Prevention)Act (UAPA), to strengthen the investigation and prosecution mechanism for terrorism-related offenses.
Salient Features of the Act:
National Investigation Agency Act, 2008.
1. 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 countries sovereignty and integrity, bomb blasts, hijacking of aircraft and ships and attack on nuclear installations. It will also probe acts of terror by Naxalites.
2. That the agency would like any other government agency such as the CBI. It can also be gauged from the fact that it will not be able to take up Suo Motu investigation of any terrorism-related incident without the prior approval of the union home ministry.
3.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.
4. Till then, the local police would be expected to investigate the matter on its own. The bill also makes it's 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. Supreme Court has the power to transfer from one special court to another.
5.The protection of witnesses by keeping the identity and address secret, holding an in-camera trial, the appointment of special prosecutors, fast track trial and appeal against the decision of the special court to lying with the state high court.
6. To be headed by a director general, the NIA would investigate cases under the Atomic Energy Act, 1962, specific acts of investigation, Anti-hijacking Act, weapons of mass destruction and their delivery systems (Prohibition of Unlawful Activities) Act,2005.
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MERITS:
· Four years and 6000 deaths and blasts after scrapping the prevention of terrorism act, the government is forced to toughen the anti-terror legal framework and set up a national investigation agency empowered to take over probes in terror-related offenses across the country.
· Confessions before the police will not be admissible as evidence under the new law.
· Nor will the accused be presumed guilty.
· In order to ensure that the police don’t manipulate this law, it will be mandatory for the government to make an independent review of the evidence before sanctioning the prosecution of the accused.
