Rajasthan High Court Issues Notice to NIA in Habeas Corpus Petition
(Judicial Quest News Network)
The Jaipur Bench of the Rajasthan High Court has issued notice to NIA in a Habeas Corpus petition which challenged the FIR registered by NIA on the ground that it has no statutory power to “register” any criminal incident involving the schedule offences within a State.
The petitioners have submitted that NIA has no statutory power or constitutional power to pass any order under section 6(3) of NIA act as law and order is the state subject and categorically mentioned in entry no 1.in state list of 7th Schedule of constitution of India, the only power conferred to Union of India is under union list of entry no 8 i.e.Central intelligence bureau and investigation, which cannot usurp the power of state without registration of any crime by the state agency.
It is also submitted that NIA has misconceived iots power under none obstante section 6(5) of NIA Act which only prevails over the reporting provisions, not on the FIR under section154 of CrPC in jurisdictional police station.
The plea states that the Centre has no power to pass any order under section 6(3) of NIA Act as law and order is the state subject and it cannot proceedin the absence of any prior registered FIR.
The only power conferred to Union of India is under union list of entry no 8 i.e.Central intelligence bureau and investigation, which cannot usurp the power of state without registration of any crime by the state agency.The plea mentions.
It also Adds that NIA has to proceed akin to CBI or ED which needs state permuission before registration of anycase withinthe jurisdiction or respective State.
The notice is issued by a division bench of Justices BNirendra Kumar and Anil KumarUpman.
The detainee in the case was arrested from kerala back in September 2022 where he was attending a meeting conducted by thE Popular Front of India (PFI).
The FIR was lodged at PS NIA in New Delhi under sections 120B, 153Aof IPC and section 13 and 19 of UAPAon the basis of an order of under secretary of the Ministry of Home Affairsunder Section 6(5) of NIA Act upon receiving credibleinformation about alleged schedule offence.
While arguing the case council for the petitioner Akhil Chaoudhry referred to the Section 6 (3) of NIA Act which states that “onreceipt of report from the State Government” the Central government shall determine whether the offence is Scheduled offence or not and also whether, havingregard to the gravity of the offenceand other relevantfactors, it is a fit case to be investigated by the agency.
It is also emphasised that the Section 6(8) of the Act empowers the Centre to direct the agency to registerthe case and take up investigationif it is of the opinion that a Scheduleoffence has been committed at any place outside India to which this Act exteds.
The Court has asked the NIA to file its response withintwo weeks and has listed the matter again fro February 7
