Establishment and Functions of the National Investigation Agency (NIA)

The National Investigation Agency (NIA) is the principal task force to combat terrorists in India. The Agency has the authority to conduct investigations of terrorist-related crimes in all states, without authorisation, requiring an order issued by the Ministry of Home Affairs. The Agency was created through the passage of the National Investigation Agency Act 2008 by the Parliament of India on December 31 2008. The agency was authorised and approved following the devastating 26/11 terrorist incident in Mumbai. The attack exposed the inability of intelligence agencies and the capability to detect the activities of existing authorities in India. The Indian government of India realised the necessity of an entity specifically designed to deal with terrorist-related activities in India, which led to the creation of the NIA.

National Investigation Agency (NIA)

NIA was established in the NIA Act of 2008 due to the Mumbai Terror attack of 2008. The Agency employs 649 people. The agency is authorised and falls under the Ministry of Home Affairs.

The National Investigation Agency (NIA) serves as an agency that acts as the Central Counter-Terrorism Law Enforcement Agency. The Agency has the authority to investigate all matters related to terror in the entire country without the authorisation from the states.

Headquarters and Regional Branches of NIA

The headquarters of NIA is located in New Delhi, but it has eight regional offices spread across the country.

Features of NIA Amendment Bill

The cabinet in the union government did not just amend the NIA act in 2008 but also amended it to amend the Unlawful Activities (Prevention) Act 1967 on July 15, 2019, and Rajya Sabha Passed it on July 17, 2019.

NIA 2008 ACT

The Act created the National Investigation Agency. The Act gives the NIA the authority to investigate suspected terrorist activity anywhere in India and file a criminal case, go into any state as special permission of states and conduct investigations and arrests of individuals.

In its petition, the Chhattisgarh government claimed that the Act needed to be declared “ultra vires the Constitution” and “beyond the legislative competence of the Parliament”. In the words of the state, the Act 2008 Act permits the Centre to establish an investigation agency that is part that is performed by the police of the state. The petition claims that the 2008 Act eliminates the state’s authority to investigate police while conferring “unfettered, discretionary and arbitrary powers” on the Central.

NIA Amendment Bill

Parliament approved the NIA Amendment Bill 2019 on July 17, 2019. The Bill will strengthen the powers of investigation exercised by the NIA. It grants that the NIA agency is authorised and can investigate terrorist attacks against Indians and Indian foreign interests. The amended law enables the anti-terror agency to look into scheduled offences like human trafficking, counterfeit currency circulation, manufacturing and selling of prohibited weapons, and cyber-terrorism; 278 votes approved it in favour and six votes against it in the Lok Sabha. Rajya Sabha approved the legislation after those opposed protested. This amendment will allow the NIA to look into the Sri Lanka Easter Bombings and Kabul Gurudwara bombing.

Main functions of NIA 

• To examine and analyse laws that deal with terrorism in other countries. To periodically evaluate the effectiveness of laws in India and suggest changes when the need arises.
• To look into terror-related incidents or to develop a strategy to stop terror.

Recent Success of NIA

Individual terrorists

In 2012, NIA, together with Interpol and Interpol Saudi Intelligence agencies, NIA successfully captured terrorists, including Abu Jundal alias Abu Hamza (Indian national), Fasih Mohammad, and Yaseen Bhatkal (Indian Mujahideen).

In 2013 NIA successfully captured two prominent members of the Indian Mujahideen, specifically Ahmed Siddibappa Zaraar alias Yasin Bhatkal and Asadullah Akhtar, alias Haddi. They were from the Indo Nepal border in Bihar on August 29, 2013.

Jammu and Kashmir war on terror

NIA has been involved in the fight to stop terror attacks in Jammu and Kashmir. On January 18, 2018, NIA issued a case sheet on 12 persons, such as Lashkar-e-Taiba terror group leader Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin. 

Naxals

NIA identified two Naxalite commanders from Bastar who were involved in the ambush that killed nearly all Congress’ Chhattisgarh top brass.

Conclusion

The Agency is authorised with all the power and authority to conduct investigations by the various laws specified in the Schedule book of the NIA Act. State authorities may ask for an investigation from the NIA with the central government’s approval, within the bounds of the law as stipulated in the NIA Act. The NIA can investigate terror-related cases in the United States without needing approval from states. The Agency investigates terror-related crimes and war crimes against the nation even in states with special permission of states, committing crimes related to nuclear facilities, etc. The central government can hand over cases to the NIA anyplace within India, and the officers involved in handling these cases come from those in the IPS and the IRS cadre.