BLUNT BUTCHER
CONTROVERSY OVER NIA ACT
JAMMU: Bringing Ranbir Panel Code under the ambit of National Investigation Agency has stirred a huge controversy in Jammu and Kashmir with political parties describing the move as coercive tactic to make Peoples’ Democratic Party submit and fall in line with BJP’s single-point agenda of continuing alliance and forming the government.
“Governor’s Rule is a temporary and stop-gap arrangement and such policy issues cannot be tackled by executive decisions, especially as the Legislative Assembly continues to be in place in the State”, a senior JKNPP leader told STATE TIMES, while expressing annoyance that such tactics were being employed just to further political objectives.
The PDP, when in the opposition, during National Conference-Congress government had fiercely opposed the NIA Act, which gives powers to the central agencies to suo-motto take up investigations into terror related cases in Jammu and Kashmir, if extended to the State.
The senior JKNPP leader said the Governor N N Vohra should not have made such a statement in the first place, adding that the highest constitutional institution should not have been dragged into a controversy at a time when the State is passing through a difficult phase of political uncertainty.
However, smelling the rat in the move, the PDP has come out with a terse message against imposing NIA Act in Jammu and Kashmir. This is also seen as a first salvo of confrontation between the coalition partners.
Senior PDP leader Chowdhary Zulfkar Ali has opposed bringing Penal Code (RPC), Jammu and Kashmir’s criminal law under the purview of the NIA Act as the present law is best suited to deal with all cases including those related to terror.
“There is no need of extending the role of National Investigation Agency (NIA) to Jammu and Kashmir. The State Police is capable of investigating terror issues. It is the best law to deal with all cases including those related to terror,” Ali said.
Reacting to Governor’s statement, Ali said J and K is a Special category state under Article 370 of Indian Constitution and no central law is applicable to the State till ratification by the State legislature.
Appreciating J and K Police for efficiently dealing with terror issues, Ali said when J and K Police is doing excellent job in dealing terror cases under Ranbir Panel Code, there was no reason to “underestimate our own police and law.”
He said that RPC was enacted in 1862 by the then Dogra ruler of the State and the law is working efficiently for the last 154 years.
Under the NIA Act, the agency can take up investigation in any case registered under its scheduled offenses without the consent of the state government.
“Since RPC is not part of the scheduled offenses of the NIA, the agency cannot take up probe in any case registered under it on its own,” he said.
About the Armed Forces Special Power Act, Ali said all central laws which were experimented in J and K did not serve their purpose and instead added to the miseries of the people of the State.
He said since the PDP has taken a stand on gradual revocation of AFSPA from the State, the question of extending new central laws does not arise.
He said J and K’s special status granted by the Constitution must not be “disturbed or diluted.”
