National Investigation Agency

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An expanded mandate

As in 2019

January 5, 2018: The Times of India

Is NIA the new CBI?

A probe: The National Investigation Agency has taken over the probe into the knife attack on YSR Congress (YSRC) leader Jaganmohan Reddy at Visakhapatnam airport on October 25, after the Union Home Ministry issued an order on December 31. On Friday, Andhra Pradesh High Court approved the decision — Reddy had approached the court seeking the probe to be transferred to a central agency from the AP police. Reddy had refused to record his statements before AP police, citing a lack of trust. AP is ruled by Chandrababu Naidu’s TDP, who left NDA last year to align with the opposition in the Centre.

Why NIA? The National Investigation Agency Act, 2008, under which the NIA was constituted says the agency is to investigate and prosecute offences “affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto”. In other words, terror-related cases.

So then: In an ideal scenario, the case would have been handed over to the Central Bureau of Investigation (CBI) if it needs a central agency. But AP CM Naidu had in November withdrawn the ‘general consent’ given to CBI for operating within the state. Do note though that the Supreme Court and High Court can still order a CBI probe in AP. Naidu then alleged the “CBI has failed to use its power properly” and the Centre was misusing the central agencies for political benefit. The backdrop of it was Naidu’s withdrawal from NDA and rumours of CBI probe into the Reddy case.

Ripple effects: Considering many other state leaders, including West Bengal’s Mamata and Delhi’s Kejriwal, had backed Naidu over the CBI episode, NIA taking over a case that at the outset seems a law and order issue could have political repercussions, not to mention the questions that are bound to be raised at NIA. Note: Since TDP has firmly aligned with the Congress, YSRC has little option but to support BJP-led NDA — explicitly or implicitly.