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Approval for National Investigation Agency

NEW DELHI: In a move to arm itself with new, tough anti-terror laws and create a machinery to probe terror-related crimes, the Union Cabinet on Monday approved a proposal to amend the Unlawful Activities (Prevention) Act 1967 and also gave its nod for setting up a National Investigation Agency (NIA).

At its meeting, presided over by Prime Minister Manmohan Singh, the Cabinet also gave the go-ahead for a proposal to amend the Central Industrial Security Force (CISF) Act. After the meeting, the government issued a brief press note which said that the relevant Bills would be introduced soon in Parliament.

Hinting at the new measures, Union Law Minister Hansraj Bhardwaj had on Saturday said the legislation would be drafted after clearance by the Cabinet. “We will try to balance the right to life and liberty under Article 21 of the Constitution with reasonable restrictions,” he said.

Soon after taking over the Home Ministry after the Mumbai terror attacks, P. Chidambaram held discussions with the Leader of the Opposition and former Home Minister L.K. Advani on the proposed anti-terror law and a central agency to probe such crimes.

It is learnt that consultations in the Home Ministry had been held with other political parties as well over the past few days. The BJP indicated that it was ready to support the creation of the NIA but with the rider that it should be accompanied by a new anti-terror law.

POTA, enforced by the NDA government, was repealed by the Congress-led UPA government. The Centre has been under pressure to introduce tough laws to tackle terror-related crimes, particularly after 26/11.

Perhaps for the first time, the Mumbai police have caught alive a Pakistani and self-confessed Lashkar cadre Mohd. Ajmal Amir Iman involved in the attacks. On earlier occasions, sources pointed out, the perpetrators had not been caught — only their helpers and abettors were nabbed.

Well-placed sources indicated that a minor amendment to the National Security Act could be introduced to enlarge its scope to include terror-related crimes and amendments to the Unlawful Activities (Prevention) Act could include provisions to set up special courts with stringent provisions for bail, shifting the onus of proof to the accused and a time-bound trial on a day-to-day basis which should be conducted and completed by the same judge.

The sources said the amendment to the CISF Act had become necessary to extend security cover to vital installations in the private sector, including oil refineries.

The NIA is expected to take care of the interests of the States. It will also have powers to suo motu take up cases related to terrorist violence. The Bills are likely to be introduced in the next few days.

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