J&K government constitutes ‘State Investigation Agency’

‘As nodal agency will coordinate with NIA, other central agencies’
J&K government constitutes ‘State Investigation Agency’
As per order, the SIA will be the Nodal Agency for coordinating with the National Investigation Agency (NIA) and other central agencies and will take such other measures as “may be necessary for speedy and effective investigation and prosecution of terrorism related cases.”Pixabay [Creative Commons]

Jammu: J&K government on Monday constituted a specialized agency State Investigation Agency (SIA) for investigation and prosecution of the offences specified under different Acts, covering all terrorism related cases.

“Sanction is hereby accorded to the constitution of a specialized agency to be called the State Investigation Agency (SIA) for investigation and prosecution of the offences specified in Annexure to this order,” read a Home department order while referring to an annexure appended with it mentioning the offences to be investigated by the newly floated agency.

As per order, the SIA will be the Nodal Agency for coordinating with the National Investigation Agency (NIA) and other central agencies and will take such other measures as “may be necessary for speedy and effective investigation and prosecution of terrorism related cases.”

As per the annexure, the SIA will undertake the investigation and prosecution of offences covered under The Explosive Substances Act, 1908 (6 of 1908); The Atomic Energy Act, 1962 (33 of 1962); The Unlawful Activities (Prevention) Act, 1967 (37 of 1967); The Anti-Hijacking Act, 2016(30 of 2016); The Suppression of Unlawful acts against Safety of Civil Aviation Act, 1982 (66 of 1982); The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993); The Suppression of Unlawful acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (69 of 2002); The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005).

The Agency will also investigate the offences under Chapter VI of the Indian Penal Code (45 of 1860) [sections 121 to 130 (both inclusive)]; Sections 370 and 370A of Chapter XVI of the Indian Penal Code (45 of 1860); c) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860); Sub-section (1AA) of section 25 of Chapter V of the Arms Act, 1959 (54 of 1959); Section 66F of Chapter XI of the Information Technology Act, 2000 (21 of 2000).

As per the order, the offences having “terrorism linkage; all terrorist acts including “Terrorist Financing and circulation of High Quality Fake India Currency Notes” cases; terrorism related larger conspiracy cases; terrorist financing and terrorism linked NDPS cases; terrorism linked kidnapping and murder cases; terrorism linked thefts/extortions, ATM/bank robbery cases; terrorism linked weapon snatching/robbery cases and the cases relating to terrorism linked propaganda, false narrative, large scale incitement, spreading of disaffection, enmity against the Indian Union” will also be investigated and prosecuted by SIA.

SIA will consist of a Director and such number of officers and employees as are deputed by the government from time to time.

“The CID, CIK and CID, CIJ, already notified as police stations vide notification bearing SRO-230 of 1977 dated 19.05.1977, shall also be the police stations for the purposes of registering and investigation of cases, mentioned in the annexure to this order,” the order read.

It was ordered that all the officers In-charge of the Police Stations will mandatorily intimate the SIA immediately upon registration of terrorism related cases, including those specified in the annexure to this order and also about such cases where any terrorism linkage surfaces during the investigation.

They will also intimate SIA wherever, upon intimation u/s 6 of the National Investigation Act, 2008, the investigation is not taken up by the NIA, the DGP, J&K will, having regard to the gravity of the offence, progress of investigation and other relevant factors, “determine in consultation with the SIA whether the case is fit to be investigated by SIA and transfer the investigation of the such case at any point of time during its investigation.”

However, if there is a difference of opinion, the DGP will take a decision, while recording the reasons in writing. In such cases, where the investigation is not transferred to the SIA, the PHQ will ensure that the SIA is kept informed about the progress of investigation at regular intervals, preferably on fortnightly basis, the order specified.

The order further mentioned where “SIA is of the opinion that an offence specified in annexure to this order has been committed, which is fit to be investigated by it, it (SIA) shall register an FIR, suo motu, while keeping the DGP, J&K informed.”

As per the order, the SIA will also be the agency for investigation and trial of offences in cases which are transferred to the state government in terms of section 7 of the National Investigation Act, 2008.

“It is also ordered that the head of CID wing shall be the ex-officio Director of the SIA. The Director SIA shall, to the extent it pertains to the functioning of the SIA, exercise such powers as may be specified by the government from time to time. A special incentive at the rate of 25 percent of the basic pay shall be paid to the employees who are posted in the SIA,” the order further mentioned.

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