Raja Muzaffar Bhat
When J&K came under Governors rule in January 2016 after the death of Chief Minister Mufti Mohammad Syed, the Governor N N Vohra while speaking at the 7th foundation day of National Investigation Agency (NIA) in New Delhi said that the J&K’s criminal code Ranbir Penal Code (RPC) should be brought under the purview of the NIA Act 2008, wherein extraordinary powers can be given to NIA to deal with militancy related cases in Jammu & Kashmir. Both National Conference and ruling PDP including CPI (M) did not favour Governor’s suggestion of getting RPC under the ambit of NIA Act 2008 as Indian Penal Code (IPC) is not applicable in J&K.
The PDP leader Chowdhary Zulfiqar who is now a senior Minister while reacting to Governor Vohra’s Jan 2016 statement had termed RPC as the best law to deal with all criminal cases. He further added that there is no need of extending the role of National Investigation Agency (NIA) to J&K state as state Police was capable to investigate all the cases including “terror” cases. Only recently PDP leader Engineer Nazir Ahmad Yatoo who is also Vice Chairman JK Cements Ltd had a meeting with centers Interlocutor Dineshwar Sharma and he too raised his concern over NIAs interference in J&K. In June this year a team was constituted by Kashmir High Court Bar Association (HCBA) comprising of senior lawyers like Zaffar Shah, Zaffar Qureshi, Bashir Ahmad Bashir, Riyaz Ahmad Jan, Altaf Haqani, Mushtaq Mukhdoomi, G A Lone, Arshad Andrabi, Syed Manzoor , Nazir Ahmad Ronga, Mohammad Shafi Reshi and Reyaz Khawar to study the applicability of NIA Act of 2008 in J&K. It is not known till date to what conclusion these lawyers came to? General Secretary of High Court Bar had earlier said that nobody approached the lawyers’ body to challenge the NIA’s validity in J&K. Was it necessary that somebody should have approached the HCBA to challenge the NIAs role in J&K before the court of law?
NIAs ‘interference’
From last one year National Investigation Authority (NIA) is issuing summons, making arrests, undertaking raids in Kashmir. It seems New Delhi is now directly controlling local investigating agencies like CID, CIK, district police officers and even Station House Officers (SHO). A person is picked by NIA sleuths from his house and local police has no information. People are being summoned to New Delhi, fear psychosis has been created among people and above all it is an attack on our autonomy as Jammu & Kashmir state has a special status under article 370 of Indian constitution. NIA has been impressing upon Union Home Ministry that since the Indian Penal Code is not applicable in J&K, its mandate is limited in J&K. Earlier it had asked Ministry of Home Affairs (MHA) to include Ranbir Penal Code (RPC) Sections 121 to 130 in its scheduled offences list . Sections 121 to 130 of RPC deals with crime against the state, like waging war against the state. In addition to it NIA has been impressing upon MHA for adding few other sections dealing with fake currency circulation as well.
Conclusion:
Why shall investigating agencies like NIA harass people on mere suspicion? If father follows some political ideology or thought, why shall his son or relative be targeted? Shahid Yousuf a resident of Soibugh Budgam is made a scapegoat by NIA. He is targeted only because he is son of Mohammad Yousuf Shah @ Syed Salahudin. The 42 year old Shahid is a Government employee working in Agriculture Department. From last 28 years since armed movement began in Kashmir he was never found to be involved in any militancy related case. Now it is alleged that he had received Rs 4.5 lakhs several years back from Unites States. Similarly Naseem Geelani son of Hurriyat leader Syed Ali Geelani who teaches at local Agriculture University is every now and then summoned to New Delhi for questioning. Engineer Rashid who is a legislator from North Kashmir’s Langate constituency was also summoned by NIA few months back. This is not the case of summoning Engineer Rashid, but he is Member of a democratic institution which guarantees some privilege to its members. Irony is neither Speaker of Assembly not any of its members lodged a protest over this issue. Is CID or JK police not competent enough to investigate into these cases? By encouraging NIA in Kashmir, the government of India is in-fact discouraging the local police and undermining their role. There are many politicians, police officers and bureaucrats who have squeezed and looted our state from decades but Government of India never even initiated CBI probe against them. Corruption is at its peak in J&K but instead of taking corrupt politicians, bureaucrats and police officers to task, New Delhi is encouraging and patronizing them which further alienates the local population especially educated youth.
Under the provisions of the (NIA Act 2008), the National Investigating Agency can take up investigation into any case listed in its schedule of offences without the consent of the State Governments. However, since the Ranbir Penal Code (RPC) is not part of the scheduled offences of the NIA Act 2008, technically NIA cannot initiate a probe on its own in J&K. I don’t know why legal experts are mum over this issue and why NIAs applicability isn’t being challenged? (Author can be reached at [email protected]).
Tag: Analysis
Blurb: From last one year National Investigation Authority (NIA) is issuing summons, making arrests, undertaking raids in Kashmir. It seems New Delhi is now directly controlling local investigating agencies like CID, CIK, district police officers and even Station House Officers (SHO). A person is picked by NIA sleuths from his house and local police has no information
Why shall investigating agencies like NIA harass people on mere suspicion? If father follows some political ideology or thought, why shall his son or relative be targeted? Shahid Yousuf a resident of Soibugh Budgam is made a scapegoat by NIA. He is targeted only because he is son of Mohammad Yousuf Shah @ Syed Salahudin. The 42 year old Shahid is a Government employee working in Agriculture Department
Under the provisions of the (NIA Act 2008), the National Investigating Agency can take up investigation into any case listed in its schedule of offences without the consent of the State Governments. However, since the Ranbir Penal Code (RPC) is not part of the scheduled offences of the NIA Act 2008, technically NIA cannot initiate a probe on its own in J&K
