A five-member team from the National Investigation Agency (NIA) departed for London on May 23 to conduct an inquiry into the event of the attack on the Indian High Commission in London two months ago, where the pro-Khalistani elements had pulled down the Indian national flag and tried to hoist the Khalistani flag. The development took place a day after meeting with British intelligence personnel in Delhi.
The NIA team is conducting an investigation on the United Kingdom’s soil for the first time. The NIA team has also carried a list of Khalistani links in the city which they may share with Scotland Yard. It, therefore, becomes necessary to know what is NIA, why it was formed, and how NIA was empowered to conduct an investigation on foreign soils.
NIA was formed after Mumbai terror attacks
The National Investigation Agency (NIA) was established in 2008, following the tragic events of the Mumbai terror attacks which resulted in the loss of 166 lives. The implementation of the NIA Act 2008 constituted the agency on 31st December 2008 with the aim of providing a dedicated agency to effectively tackle terrorism-related crimes. The agency started its operations in 2009.
The NIA, headquartered in New Delhi, is India’s central counter-terrorism law enforcement agency. It investigates offences that threaten India’s sovereignty, security, and integrity. Since its establishment, the NIA has been authorized to investigate terrorism-related crimes in various states without requiring special permission, as stated in a written proclamation from the Ministry of Home Affairs.
The NIA Act 2008
Under the NIA Act, the NIA was given the authority to investigate and prosecute a wide range of offences, including acts of terrorism, terrorist conspiracies, organized crime, smuggling of arms and explosives, and offences under various other laws specified in the Schedule to the Act. The agency was empowered to take over cases from the state police forces, and it can also conduct parallel investigations with the state police.
the NIA has substantial powers for effective investigation. The agency can arrest and detain individuals suspected of terrorism-related offenses, conduct searches, seize properties, intercept communications, and gather evidence. It can also establish special NIA courts for the speedy trial of cases.
The NIA Act was amended in 2019 allowing NIA probes abroad
When the Modi government was voted to power for the second consecutive time in India in 2019, Narendra Modi’s trusted close aid Amit Shah was made the home minister of the country. As a home minister, Amit Shah went on to take the bold decision of revoking Article 370 and dividing the state of Jammu and Kashmir into two union territories. Though most people know about the important decision regarding the northern border state signed on 5th August 2019, comparatively fewer people are aware of the amendments in the NIA Act that were brought to practice on 2nd August 2019.
A government notification said, “In exercise of the powers conferred by sub-section (2) of section 1 of the National Investigation Agency (Amendment) Act, 2019 (16 of 2019), the central government hereby appoints the 2nd August 2019, as the date on which the provisions of the said Act shall come into force.” A bill in this regard was passed in the parliament on 17th July 2019.
The NIA Amendment Act of 2019 introduced crucial provisions that bolstered the National Investigation Agency’s (NIA) capabilities in combating terrorism and related offences. The amendment significantly broadened the scope of the NIA’s jurisdiction while granting it additional powers to effectively investigate and prosecute cases that pose threats to national security.
One notable provision included in the amendment was the extension of the NIA’s authority to investigate offences committed outside India. However, this provision is subject to the existing international treaties and the domestic laws of the respective countries involved. By enabling the NIA to operate beyond India’s borders, the amendment aimed to enhance the agency’s reach and effectiveness in dealing with transnational crimes that have implications for India’s sovereignty, security, and integrity.
Other important provisions of the amendment
Among the other important aspects of the amendment was the inclusion of offences related to human trafficking within the NIA’s purview. Recognizing the grave nature of this crime and its connection to national security concerns, the amendment empowered the NIA to investigate and prosecute cases involving human trafficking. This provision aimed to combat the exploitation of vulnerable individuals while disrupting the networks involved in this illicit trade.
Additionally, the amendment expanded the NIA’s jurisdiction to encompass offences associated with the circulation of counterfeit currency. Counterfeit currency not only undermines the country’s economy but can also contribute to financing illegal activities, including terrorism. By granting the NIA the authority to investigate such cases, the amendment sought to dismantle the networks involved in counterfeit currency circulation and curb their detrimental impact on national security.
In response to the escalating threat of cyber-terrorism, the amendment also conferred upon the NIA the power to investigate and prosecute cases related to this form of criminal activity. This provision aimed to equip the NIA with the necessary tools to address cybercrimes with national security implications, such as attacks on critical infrastructure and the utilization of the internet for promoting extremist ideologies. Besides, the 2019 amendment allowed the central and state government to designate Sessions Courts as Special Courts for the trial of scheduled offences under the Act.
Home Minister Amit Shah’s vision behind the amendments in the NIA Act
During the parliamentary discussion on 17th July 2019 when the bill NIA (Amendment) Act 2019 was passed, home minister Amit Shah said, “It is the responsibility of the Parliament to build a strong image of NIA in front of the world. The efficiency of the NIA should not be degraded by political considerations. Till now India does not have the power to prosecute terror accused for perpetrating acts of terror against Indians abroad. The new bill should be passed with the support of all parties and it should send a message to the world that India, as a Nation, and the Parliament are united behind building a robust NIA to fight terror.”
What NIA is probing in London now?
NIA is probing the Khalistani anti-India protests in London. On March 19, a group of demonstrators brandishing pro-Khalistani signs and waving Khalistan’s yellow and black flag grabbed a Tricolour atop the Indian High Commission in London. Videos of the violent crowd showed them waving the Khalistan flag and demanding that the Waris Punjab De chief and extremist Sikh preacher Amritpal Singh be freed. One of them is even filmed scaling a balcony and amid applause from the other individuals, removing the Indian flag from a pole in front of the high commission.
However, police officers arrived on the spot and prevented the protestors from approaching the entrance of the Indian High Commission. An employee of the High Commission had said that the one who attempted to knock down the Tricolour assaulted and wounded him, and that the throng outside had done extensive damage to the mission’s property. The footage indicated that the Khalistanis shouted obscenities towards Indian authorities inside the building.
The agency is probing the matter in London as the NIA Amendment Act of 2019 ushered in crucial changes to strengthen the NIA’s mandate. By allowing the agency to investigate offences committed outside India, in compliance with international treaties and domestic laws, the amendment recognized the global nature of contemporary crimes against India. Such crimes may seem sporadic on a superficial level but deep down there are well-planned conspiracies beneath and n agency like NIA must always be backed and empowered to unearth these dark secrets. The 2019 amendment is therefore very important in this direction. Moreover, by incorporating provisions related to human trafficking, counterfeit currency, and cyber-terrorism, the amendment reinforced the NIA’s ability to counter diverse threats and uphold India’s sovereignty, security, and integrity.
