Indian Supreme Court to hear plea challenging validity of draconian NIA Act
New Delhi: Indian Supreme Court has sought responses from Modi government on a plea challenging the validity of the draconian National Investigation Agency (NIA) Act, 2008, calling the questions raised “of vital importance”.
According to Kashmir Media Service, a bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Modi government, the NIA, and others on a petition seeking to set aside the Act for being “violative” of Article 14 of the Constitution and beyond the Centre’s legislative competence.
The plea argued that ‘police’ falls under the State List, questioning how the NIA can register FIRs without being a police station. Senior advocate Siddharth Dave also challenged Section 6(5), which empowers New Delhi to suo motu direct the NIA to probe any scheduled offence. “You will have to assist us on the suo motu registration of FIR also,” the bench told Additional Solicitor General Aishwarya Bhati.
The court directed respondents to file a counter affidavit in four weeks and posted the matter for hearing on July 14.
The NIA, set up after the 26/11 Mumbai attacks, has drawn widespread criticism in Indian illegally occupied Jammu and Kashmir for its sweeping powers. Rights groups have documented how the Act enables Indian agencies to bypass the territory’s local administration, register cases suo motu, and arrest civilians without the consent of the local authorities.
In IIOJK, the NIA has been used to book students, journalists, human rights defenders, and political activists under terror charges, with trials shifted outside the territory, denying families access and legal aid.
