Excelsior Correspondent
Srinagar, July 9: High Court today issued notice to Union as well as State Government in a plea challenging the National Investigation Agency Act and sought response on next date of hearing.
Justice Tashi Rabstan issued notice to Director General National Investigation Agency, Ministry of Home Affairs and State of J&K through Commissioner Secretary for filing of objections after hearing the advocate Solih Peerzada on behalf of petitioner Haris Mushtaq Khan.
Khan who seeks that the Act (NIA) be declared ultra vires has been booked in FIR 93/2018 P/S Kothi Bagh, for offences under Section 7/25 Indian Arms Act and 18 Unlawful Activities (Prevention) Act. He was arrested on the same day and is in custody ever since in Central Jail Kot Balwal.
Subsequently the Central Government-respondent issued an order on December 12 last year transferring the investigation of the case to NIA.
Khan in his petition says that the NIA Act essentially creates a police agency at the national level with powers to investigate and prosecute offences before special courts under the Act and adds that the NIA Act manifestly encroaches upon the exclusive legislative domain of the J&K State and is thus beyond the legislative competence of the Parliament, hence liable to be declared ultra vires.
The usurpation of the legislative powers, he submits, by the Central Government is precluded by the Constitution of J&K and also by Article 246, as applicable to the State of J&K. “The Central Government cannot employ any enabling legislative entry to dilute the exclusive legislative domain of the State of J&K.”
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