The bill gives sweeping powers to the Central government to counter growing menace of terrorism.

“The government after due consideration and examination of the issues involved, proposes to enact a legislation to make provision for establishment of a National Investigating Agency with provisions for taking up specific cases under specific Acts for investigation,” the bill, which was moved by newly appointed Union Home Minister P Chidambaram says.

The bill seeks most of the powers of the states relating to law and order. If passed states would have to report incidents of terror strikes to the Central government, which would decide and hand over the case to the NIA. The federal agency would conduct the investigation in which state governments and their entire police infrastructure would assist the investigators of the NIA.

However, this particular clause of the bill has the potential to invite the ire of the states. The Left parties have already criticized the bill arguing that it amounts to wresting the powers relating to law and order from the states.

The bill says that the officers of the agency are to have all the powers, privileges and liabilities, which police officers have in connection with the investigation of any offence. The bill has very stern clauses, which are unlikely to be accepted by the lawmakers as they get elected from states.

“The police officer incharge of the police station on receipt of report of the offence shall forward it to the state government, which in turn to the Central government. If the Central government is of the opinion that the offence is a scheduled offence, it shall direct the agency for investigation of such offence,” emphasized clause 6 of the bill. The provision of the bill clearly undermines the powers of states.

The trail of such offences would be conducted by a special court, which would be headed by a sitting judge of a High Court or Supreme Court. It also seeks to provide for transfer of investigation and trial of offences to the state government with the previous approval of Central government.

The bill seeks to provide that offences punishable with imprisonment for a term not exceeding three years or with fine or with both may be tried summarily. The special court will have the powers of the session courts under the code of criminal procedure for the purpose of trial of any offence under this Act, it says.

The bill also empowers the Central government to make rules for carrying out the provisions of the Act. Every rule made by the Central government under this Act shall be tabled in both the House of Parliament.

According to the financial memorandum of the bill the initial expenditure for establishment of the new apex investigating agency would be two crore rupees as non-recurring and three crore rupees recurring expenses.

The Home Minister also moved another bill Unlawful Activities (Prevention) Amendment Bill to give more teeth to the already existing Act to counter terrorism. The bill also covers Indian citizens living abroad, or in ship and aircraft registered in India.#