J&K constitutes new specialised agency to probe high-profile terror cases

On the lines of National Investigation Agency (NIA), Jammu and Kashmir government has constituted a State Investigation Agency (SIA) that will be handling most high-profile terror cases in the Union Territory.

The CID chief of J&K will head the agency as its Director. The agency will have powers to suo moto register FIRs, while all police stations will mandatorily intimate the new body on registration of militancy cases. The government has empowered J&K Director General Police (DGP) to hand over a case to the SIA at any point of time during the investigations.

For the last several years, high-profile militancy and terror-funding cases in J&K were handed over to the NIA for probe. The announcement to constitute the SIA comes days after Union Home Minister Amit Shah concluded his four-day visit to the UT.

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According to a J&K Home Department order, the SIA will be a nodal agency for coordinating with the NIA and other central agencies.

“All police stations shall mandatorily intimate the SIA immediately upon registration of terrorism related cases. Wherever, upon intimation of the National Investigation Act, 2008, the investigation is not taken up by the NIA, the DGP, J&K shall, 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 the SIA and transfer the investigation of the case at any point of time during its investigation. However, if there is difference of opinion, the DGP shall take a decision, while recording the reasons in writing,” the order reads.

In the cases where investigation is not transferred to the SIA, the government has asked the police headquarters to ensure that the upcoming probe agency is kept informed about the progress of investigation.

“If the SIA is of the opinion that an offence has been committed, which is fit to be investigated by it, the agency shall register an FIR suo moto while keeping the DGP informed,” it added.

The cases which can be handed over to the SIA or in which the agency will have powers to register FIR on its own include, Explosive Substances Act, Atomic Energy Act, Unlawful Activities Prevention Act, Anti-Hijacking Act, Suppression of Unlawful Acts against Safety of Civil Aviation Act, SAARC Convention Suppression of Terrorism Act, Suppression of Unlawful Acts against Safety of Maritime Navigation, Fixed Platforms on Continental Shelf Act and Weapons of Mass Destruction and their Delivery System Act.

Besides, the SIA will also have the power to look into offences having linkage to terrorist acts, including terror financing and circulation of fake currency, narco-terror case, terror-related kidnapping and murder cases, weapon snatching and terror-linked propaganda, false narrative large scale incitement and enmity against the Indian Union.

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