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| And now opposition to NIA's move to bring to justice enemies | | Terrorism and Kashmir | | Rustam
JAMMU, Oct 24: The National Investigation Agency (NIA) has asked the Government of India to "give it jurisdiction over the terror cases of Jammu & Kashmir registered under the Ranbir Penal Code (RPC) which involve offences of waging war against the country, among others". The NIA is of the view that "since the Indian Penal Code is not applicable in J&K, its mandate is limited in the state where terror groups are active". Its suggestion to Home Ministry is to the effect that it should "add RPC Sections 121 to 130 and a few other sections dealing with circulation of fake Indian currency in its list of scheduled offences". These sections deal with crimes against the State such as waging war against the country.
It is important to note that under the NIA Act, the investigating agency has the power to take up investigation into any case listed in a schedule of offences appended to the Act without the consent of the State Government concerned. Equally important is the fact that the RPC is not part of the scheduled offences of the NIA. As a result, the NIA cannot probe in cases registered under it on its own.
The demand of the NIA that it should be given jurisdiction over the terror cases of Jammu and Kashmir registered under the Ranbir Penal Code (RPC) which involve offences of waging war against the country, among others, has not gone down well with the supporters of terrorists and anti-national elements.
They have said: "By itself the NIA poses a threat to the state's autonomy and also a threat to the people's rights. As part of a trend, it has an ominous significance.
The role of the Central police has not been an inspiring one. In the case of the attack on Akshardham Temple in Gandhinagar, Gujarat, decided on 16 May 2014, the Supreme Court criticized the errors of the POTA Special Court, and the Gujarat High Court and more scathingly the police for falsely implicating innocent persons. Adambhai S. Ajmeri & Ors. Vs. State of Gujarat (2014) Supreme Court Cases 716. Will "the Gujarat model" be extended to the State of Jammu & Kashmir also?"
They have further said: "The NIA proposal is part of the wider scheme. It is made at a time when, as is admitted by all, militancy is at its lowest ever. Nor is there any evidence of incompetence by the existing law enforcement agencies. Quite the contrary. Reports of human rights bodies, national and international, tell a sorry tale. To add one more, a repressive NIA of dubious record at that, is to inflame the already wounded populace. The NIA's record is as poor as its appetite for power is enormous".
The critics of the NIA have not only opposed the idea of empowering the investigating agency to deal with crimes against the State such as waging war against the country, but also opposed the decision of the Home Ministry to resettle the displaced Kashmiri Hindus in the Valley. "Only six days later, on 28 September, the Union Home Minister Rajnath Singh said in New Delhi 'We are preparing a comprehensive policy on Kashmir. We will announce it soon'. Earlier in the month, even as Kashmir was in the throes of a grave misfortune, he had the audacity to ask the State Government to identify 'suitable land' to rehabilitate Kashmiri Pandits who wish to return…But creating Pandit settlements on the lines of Israeli settlements on the West Bank will only aggravate the situation. Viewed in their totality, it is clear that the Centre has Kashmir in its sights and it is up to no good," they have said.
All this should indicate what the communally-motivated critics of the NIA are up to. The Government of India must not pay any heed to their atrocious views and concede the demand of the NIA in the larger national interest. The security environment in the Kashmir valley is frightening, with the dreaded IS (Islamic State) trying its level best to establish its footprint there. |
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