HC seeks response from Centre on validity of NIA Act in J&K

Plea questions the role of the agency in the State
The Jammu & Kashmir High Court has directed the Union Home Ministry, the National Investigation Agency (NIA) and the J&K Government to submit its objections to a plea questioning the functioning of the NIA in the State. Mushtaq Ahmad Khan, father of Haris Mushtaq Khan, 24, a resident of the Gopalpora village of Wathoora in Budgam, who was arrested by the NIA, has filed a writ petition questioning the NIA Act and its implementation in J&K. Hearing the plea of Mr. Khan, Justice Tashi Rabstan, heading a Bench, issued notices to the Union of India through its Secretary to Government, Ministry of Home Affairs; Director General, NIA; Investigating Officer concerned NIA Jammu & Kashmir State; Principal Secretary to the government Home Department, J&K; and the Station House Officer of Kothi Bagh, Srinagar. Mr. Khan’s son was arrested on November 24, 2018 and was lodged in the District Jail, Jammu, “even though the offence was alleged to have taken place at Srinagar”. “The NIA Act is ultra vires to the Constitution of Jammu & Kashmir as the Parliament of India lacked legislative competence of such an enactment, which otherwise falls within the exclusive legislative domain of the State of Jammu & Kashmir,” advocate Salih Pirzada pleaded before the Bench on Tuesday. The advocate argued that the NIA Act “manifestly encroaches upon the exclusive legislative domain of the J&K and is thus beyond the legislative competence of the Parliament, hence liable to be declared ultra vires .” The plea also questioned the suo moto transfer of cases to the Director General, NIA.

Source : https://www.thehindu.com/todays-paper/tp-national/hc-seeks-response-from-centre-on-validity-of-nia-act-in-jk/article28365767.ece

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