Strong case for non-application of NIA Bill to J&K: Hasnain Masoodi

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 inthe Parliament, Masoodi said, “The Parent Act of 2008 was not in tune with thefundamental right of life and personal liberty and the amendment sufferers fromthe same flaw. The Article 21, while guaranteeing right to life and personalliberty, provides that a person can be deprived of life and personal liberty inaccordance with procedure established by law and such procedure must be just,fair and reasonable.”

   

“The three fundamental principles are to be taken care of atthe 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 centralgovernment to constitute special court as per its choice. Resultantly, the Actleaves scope for violation of right of access to justice an integral part ofright to life and personal liberty,” the MP alleged.

Kashmir, he claimed, is an example where people find it verydifficult to get access to justice. “There is no court and justice seekers fromfar flung areas are left without access. While in case of other states, the NIAAct is said to trespass state list. In case of Jammu and Kashmir, there is nostate 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,” hesaid.

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