After the government addressed reservations cast over “misuse” of some provisions, the Parliament on Thursday relented with approvals required for the National Investigation Agency (NIA) Bill, 2008 and the Unlawful Activities (Prevention) Amendment (UAPA) Bill, 2008, thus equipping security agencies with an efficient mechanism to counter terror.
The government pushed some provisions in the Bills, saying that the measures were measures were crucial for prompt and efficient investigation and trial without violating human rights.
The Rajya Sabha unanimously passed the two Bills by voice vote after ceratin amendments sought by the Left parties were rejected on vote.
Amendments moved by the AIADMK were also rejected by voice vote.
The Bills were passed by the Lok Sabha on Wednesday, and are now set to become laws.
Earlier in a lengthy debate Union Home Minister P Chidambaram addressed fears of misuse of the laws, expressed by members from the minority community.
Chidambaram said the laws will help security agencies deal with eight acts of terrorism but at the same time an independent authority will be set up to evaluate the registration and investigation of a case before prosecution “to work as a filter.”
Informing the House, Chidambaram defined the NIA as “fit and lean” with young and able officers and special courts where specifically appointed judges will endeavour to complete trials within a given time frame and ensure speedy investigation.
“The Agency (NIA) will only investigate terrorist cases with inter-State and international ramifications. All other cases would be with the State governments. NIA will expect State agencies to cooperate and associate. The NIA may or may not investigate a case and may even return it to the State.”
Responding to apprehensions cast by DMK and AIADMK members, over possibility of the Agency encroaching upon the rights of State governments, Chidambaram said that the Centre would respect every State’s autonomy and had no intention of encroaching upon their rights. “More often than not, the NIA will ask the State to associate with the investigations. Provisions have been included as precaution against cases where the local police could be involved in a cover-up of a terrorist act.”
The Home Minister added that the government had tried to strike a balance by providing for a maximum period of detention up to 180 days without bail as sometimes it was not possible to complete the investigation in 90 days. The earlier anti-terror law POTA had merely said that detention could continue beyond 90 days but stopped short of defining the period.
The government pushed some provisions in the Bills, saying that the measures were measures were crucial for prompt and efficient investigation and trial without violating human rights.
The Rajya Sabha unanimously passed the two Bills by voice vote after ceratin amendments sought by the Left parties were rejected on vote.
Amendments moved by the AIADMK were also rejected by voice vote.
The Bills were passed by the Lok Sabha on Wednesday, and are now set to become laws.
Earlier in a lengthy debate Union Home Minister P Chidambaram addressed fears of misuse of the laws, expressed by members from the minority community.
Chidambaram said the laws will help security agencies deal with eight acts of terrorism but at the same time an independent authority will be set up to evaluate the registration and investigation of a case before prosecution “to work as a filter.”
Informing the House, Chidambaram defined the NIA as “fit and lean” with young and able officers and special courts where specifically appointed judges will endeavour to complete trials within a given time frame and ensure speedy investigation.
“The Agency (NIA) will only investigate terrorist cases with inter-State and international ramifications. All other cases would be with the State governments. NIA will expect State agencies to cooperate and associate. The NIA may or may not investigate a case and may even return it to the State.”
Responding to apprehensions cast by DMK and AIADMK members, over possibility of the Agency encroaching upon the rights of State governments, Chidambaram said that the Centre would respect every State’s autonomy and had no intention of encroaching upon their rights. “More often than not, the NIA will ask the State to associate with the investigations. Provisions have been included as precaution against cases where the local police could be involved in a cover-up of a terrorist act.”
The Home Minister added that the government had tried to strike a balance by providing for a maximum period of detention up to 180 days without bail as sometimes it was not possible to complete the investigation in 90 days. The earlier anti-terror law POTA had merely said that detention could continue beyond 90 days but stopped short of defining the period.
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