Big decision in terror-related investigations
Will probe all major militancy cases handed over to it
Also gets powers to register FIR suo moto
Sanjeev Pargal
JAMMU, Nov 1: In a major step towards investigations of terror-related incidents, the Jammu and Kashmir Government today ordered constitution of a State Investigation Agency (SIA) on the lines of National Investigation Agency (NIA) with powers to suo moto register First Information Report (FIR) while all Police Stations will mandatorily intimate the the new body on registration of militancy-related cases.
The Government has empowered the Director General of Police (DGP) to handover a case to the SIA at any point of time during investigations.
“The SIA shall consist of a Director and such number of officers and staff as are deputed by the Government from time to time,” officials told the Excelsior.
A decision to set up the SIA comes just days after series of civilian killings including many non-locals in the Kashmir Valley whose investigation has been handed over to the NIA. A number of terror attacks in the Union Territory of Jammu and Kashmir are being investigated by the NIA.
The SIA will be the specialized agency for investigation and prosecution of the militancy related offences,. It will also be the Nodal Agency for coordinating with the NIA and other Central agencies and shall take such measures as may be necessary for speedy and effective investigation and prosecution of terrorism related cases, the officials said.
The CID, Counter Intelligence (Kashmir) and CID and Counter Intelligence (Jammu), shall also be the Police Stations for the purposes of registration and investigation of terror cases by the SIA.
Head of the CID wing shall be the ex-officio Director of the SIA. A special incentive at the rate of 25 percent of the basic pay shall be paid to the employees who are posted in the SIA, the officials said.
“All the officers Incharge of the Police Stations shall mandatorily intimate the SIA immediately upon registration of terrorism related cases and also about the cases where any terrorism linkage surfaces during the investigation,” they said, adding that in the cases where investigations is not taken up by the NIA, the DGP J&K shall determine in consultation with the SIA whether the case is fit to be investigated by the SIA and transfer investigation of such case at any point of time during the probe.
Gravity of the offence, progress of investigation and other relevant factors will be the determining factors for handing over cases to the SIA. However, if there is difference of opinion, the DGP shall take a decision while recording the reasons in writing.
In the cases where investigation is not transferred to the SIA, the Government has asked the Police Headquarters to ensure that the SIA is kept informed about the progress of investigation at regular intervals, preferably on fortnightly basis.
“If the SIA is of the opinion that an offence has been committed, which is fit to be investigated by it, the Agency shall register an FIR suo moto while keeping the DGP J&K informed,” as per the officials.
They said the SIA shall also be the agency for investigation and trial of offences in cases which are transferred to the State Government in terms of Section 7 of the National Investigation Act.
The cases which can be handed over to the SIA or in which the Agency will have powers to register FIR on its own include the Explosive Substances Act, the Atomic Energy Act, the Unlawful Activities Prevention Act, the Anti-Hijacking Act, the Suppression of Unlawful Acts against Safety of Civil Aviation Act, the SAARC Convention Suppression of Terrorism Act, the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act.
Other cases which can be handed over to the SIA include offences having terrorism linkage; all terrorist acts including Terrorist Financing and circulation of high quality fake Indian currency notes cases, terrorism related larger conspiracy cases, terrorism financing and terrorism linked NDPS cases besides terror-linked kidnapping and murder cases, thefts/extortions, ATM/bank robbery cases; weapon snatching and terror-linked propaganda, false narrative, large scale incitement, spreading of disaffection and enmity against the Indian Union.
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