NEW DELHI: Rattled by the Mumbai terror attacks, government on Tuesday introduced two bills to set up a National Investigating Agency (NIA) with special powers and to amend the law to provide for more stringent action to deal with terrorism effectively.
The National Investigating Agency Bill 2008 and The Unlawful Activities (Prevention) Amendment Bill were moved by home minister P Chidambaram in the Lok Sabha, a day after the Union Cabinet gave its nod to such measures.
The NIA Bill provides for setting up of special courts for speedy trial of terror-related offences, with hearings to be held on day-to-day basis. Any case pending in any special court can be transferred to any other special court.
Notwithstanding law and order being the state subject, officers of the NIA above the rank of sub inspector will have special powers to pursue and investigate any offence related to terror across the country.
Officers of the agency would enjoy all powers, duties, privileges and liabilities which the local police officers have in connection with cases related to terror.
The bill to amend the Unlawful Activities (Prevention) Act has stringent provisions including detention period of 180 days instead of 90 days now and denial of bail altogether to a foreigner accused of terrorism in the country.
Even an Indian national accused in a terror-related case cannot be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release.
The bill says that the court shall presume, unless the contrary is shown, that the accused has committed an offence for which he has been arrested, including possession of arms or explosives with a belief that these or such substances were used in the commission of a terror act.
It also provides for freezing, seizing and attaching funds and other financial assets or economic resources held by individuals or entities engaged in or suspected to be engaged in terrorism.
A new section has been inserted in the bill which says that those using explosives, firearms, lethal weapons, poisonous chemicals, biological or radiological weapons with the intention of aiding, abetting or committing terror act "shall be punishable with imprisonment for a term which may extend to ten years".
The bill says that anyone in India or in a foreign country who directly or indirectly raises or collects funds or provides funds for a terrorist act shall be punishable with at least five year imprisonment, which may extend to life. A similar punishment has been provided in the bill for those organising camps for training in terrorism, and also for those recruiting persons for commission of a terrorist act. The bill says that every offence punishable under this act shall be deemed to be congnizable offence.
It says that if it is not possible to complete the investigation within 90 days, it may be extended upto 180 days. (PTI)
ANTI TERROR LAWS HIGHLIGHTS
* The Bill for constitution of the NIA to be applicable to whole of India, citizens of India outside India and persons on shops and aircraft registered in India;
* Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence;
* The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre. If the Centre feels the offence is terror related, it shall direct the NIA for investigation;
* Provision for transfer of investigation and trial of offences to state government with Centre's prior approval;
* NIA may investigate other offences connected with terror-related offences;
* A state government shall extend all assistance to NIA for investigation of terror-related offences;
* Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences;
* Centre shall constitute Special Courts for trial of terror-related offences;
* Special Courts may sit at any place for any of its proceedings;
* For speedy and fair trial, the Supreme Court may transfer any case pending with the Special Court to another Special Court in the same state or any other state, and the High Court may transfer such cases to any other Special Court within the state.
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The National Investigating Agency Bill 2008 and The Unlawful Activities (Prevention) Amendment Bill were moved by home minister P Chidambaram in the Lok Sabha, a day after the Union Cabinet gave its nod to such measures.
The NIA Bill provides for setting up of special courts for speedy trial of terror-related offences, with hearings to be held on day-to-day basis. Any case pending in any special court can be transferred to any other special court.
Notwithstanding law and order being the state subject, officers of the NIA above the rank of sub inspector will have special powers to pursue and investigate any offence related to terror across the country.
Officers of the agency would enjoy all powers, duties, privileges and liabilities which the local police officers have in connection with cases related to terror.
The bill to amend the Unlawful Activities (Prevention) Act has stringent provisions including detention period of 180 days instead of 90 days now and denial of bail altogether to a foreigner accused of terrorism in the country.
Even an Indian national accused in a terror-related case cannot be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release.
The bill says that the court shall presume, unless the contrary is shown, that the accused has committed an offence for which he has been arrested, including possession of arms or explosives with a belief that these or such substances were used in the commission of a terror act.
It also provides for freezing, seizing and attaching funds and other financial assets or economic resources held by individuals or entities engaged in or suspected to be engaged in terrorism.
A new section has been inserted in the bill which says that those using explosives, firearms, lethal weapons, poisonous chemicals, biological or radiological weapons with the intention of aiding, abetting or committing terror act "shall be punishable with imprisonment for a term which may extend to ten years".
The bill says that anyone in India or in a foreign country who directly or indirectly raises or collects funds or provides funds for a terrorist act shall be punishable with at least five year imprisonment, which may extend to life. A similar punishment has been provided in the bill for those organising camps for training in terrorism, and also for those recruiting persons for commission of a terrorist act. The bill says that every offence punishable under this act shall be deemed to be congnizable offence.
It says that if it is not possible to complete the investigation within 90 days, it may be extended upto 180 days. (PTI)
ANTI TERROR LAWS HIGHLIGHTS
* The Bill for constitution of the NIA to be applicable to whole of India, citizens of India outside India and persons on shops and aircraft registered in India;
* Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence;
* The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre. If the Centre feels the offence is terror related, it shall direct the NIA for investigation;
* Provision for transfer of investigation and trial of offences to state government with Centre's prior approval;
* NIA may investigate other offences connected with terror-related offences;
* A state government shall extend all assistance to NIA for investigation of terror-related offences;
* Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences;
* Centre shall constitute Special Courts for trial of terror-related offences;
* Special Courts may sit at any place for any of its proceedings;
* For speedy and fair trial, the Supreme Court may transfer any case pending with the Special Court to another Special Court in the same state or any other state, and the High Court may transfer such cases to any other Special Court within the state.
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