Jammu and Kashmir HC to decide validity of NIA Act in state: Parliament may have trespassed into residuary power of Assembly
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Jammu and Kashmir HC to decide validity of NIA Act in state: Parliament may have trespassed into residuary power of Assembly

By Firstpost calender  26-Jul-2019

Jammu and Kashmir HC to decide validity of NIA Act in state: Parliament may have trespassed into residuary power of Assembly

Earlier this month, a petition was filed before the Jammu and Kashmir High Court challenging the application of the National Investigation Agency (NIA) Act to Jammu and Kashmir. Further, a bill to amend the NIA Act was passed in the Lok Sabha on 15 July which seeks to strengthen the existing law. In light of this, the challenge in the Jammu and Kashmir High Court raises important legal and constitutional questions.
NIA Act and the Constitution
The NIA was established in response to the 26/11 Mumbai attacks in 2008. The NIA Act is a parliamentary law that aimed to provide for a special investigation agency at the national level to investigate and prosecute offences affecting the sovereignty, security and integrity of India. If any offence is committed under one of the laws listed in its Schedule (such as the Unlawful Activities (Prevention) Act, 1967), the NIA may investigate it throughout India and exercise all the powers of the police for that purpose.
This represents a special procedure, and the NIA getting involved in a particular case typically means that the state government and police stop their investigation and let the NIA take over.

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