National Conference leader and Member Parliament from Anantnag, Hasnain Masoodi, Tuesday claimed that there is a stronger case for the non-application of the NIA Amendment Bill in Jammu and Kashmir state.
Speaking during a debate on the proposed Amendment Bill in the Parliament, Masoodi said, “The Parent Act of 2008 was not in tune with the fundamental right of life and personal liberty and the amendment sufferers from the same flaw. The Article 21, while guaranteeing right to life and personal liberty, provides that a person can be deprived of life and personal liberty in accordance with procedure established by law and such procedure must be just, fair and reasonable.”
“The three fundamental principles are to be taken care of at the stage of investigation, trial as also sentence and its mode of execution. In case of NIA Act, wide and unbridled powers were given to the central government to constitute special court as per its choice. Resultantly, the Act leaves scope for violation of right of access to justice an integral part of right to life and personal liberty,” the MP alleged.
Kashmir, he claimed, is an example where people find it very difficult to get access to justice. “There is no court and justice seekers from far flung areas are left without access. While in case of other states, the NIA Act is said to trespass state list. In case of Jammu and Kashmir, there is no state list and all powers except those given by it to centre belonged to state. Thus, there is a stronger case of non-application of NIA Act to state,” he said.