SC to Hear Plea Challenging NIA Act, Four-Week Response Sought
SC to Hear Plea Challenging NIA Act, Four-Week Response Sought
Supreme Court agrees to hear a petition challenging the 2008 NIA Act, arguing it violates federal balance and state powers, with a four-week response deadline.
The Supreme Court on Tuesday agreed to hear a petition challenging the validity of the National Investigation Agency (NIA) Act 2008, a move that centers on concerns over federal balance and centre-state distribution of powers. The plea is filed by Mohammed Mubarak Ali, a Kerala-based lawyer who is also an accused in an NIA case probing alleged unlawful activities of the banned outfit, the Popular Front of India (PFI).
The petition contends that the Act empowers the NIA to take over cases already probed by state police under section 8, including those “connected” with any scheduled offence, and that the NIA does not require the state government’s consent unlike the prior sanction procedure followed by the CBI. The petitioner argues that the NIA Act creates an unbridled parallel national police structure encroaching upon the exclusive domain of the states and undermines the federal framework of the Constitution.
A bench comprising Justices Vikram Nath and Sandeep Mehta told the counsel that the matter would be heard and issued notice to the Ministry of Home Affairs (MHA) seeking a counter affidavit within four weeks. The case will next be heard on July 14, with the government expected to file its response by the deadline.
The petition emphasizes concerns about federalism and the potential concentration of investigative powers at the centre, arguing that state governments play a crucial role in policing within their jurisdictions and that any broad expansion of NIA authority warrants careful constitutional scrutiny. The court’s forthcoming hearing is expected to illuminate the balance between national security interests and state autonomy in policing.
