NIA has its own limits.

[rkjindal91]

'Chidambaram wasn't sure of NIA's
constitutionality'
20 Mar, 2011 0540hrs IST TNN
NEW DELHI: Union home minister P
Chidambaram was instrumental in the
setting up of the National Investigation
Agency (NIA) post 26/11 Mumbai terror
attack, but he was — as claimed by
WikiLeaks cables — not very sure whether
it would pass muster of courts.
The cables, published in a newspaper on
Saturday, revealed that Chidambaram had
confided to a senior US official that the
powers of the NIA could be challenged in
the courts as violating constitutional
provisions on Centre-state relations.
The NIA was set up by an Act of Parliament
in January 2009. However, just two months
after the agency came into being,
Chidambaram told the US Federal Bureau of
Investigation (FBI) director, Robert Mueller,
that NIA did not have enough legal
protection as its powers could be
challenged in the court for violating
constitutional provisions on Centre-state
relations, the newspaper said quoting a
secret US embassy cable dated March 4,
2009.
During a meeting in New Delhi on March 3,
2009, Chidambaram confided to Mueller that
the NIA was a "new weapon in hand to
combat terrorism" but its constitutionality
was doubtful.
As per the Act, NIA has the powers to take
suo motu any terror related case for probe
without taking the concerned state on
board. Earlier, the Centre had to take the
consent of the state before getting a case
probed by the Central Bureau of
Investigation (CBI).
Offences related to acts of terrorism like
hijacking, bomb blasts, attacks on nuclear
installations and any other deemed as
challenging India's sovereignty and
integrity come under the purview of NIA
Act.
"[Mr Chidambaram] conceded that he was
coming 'perilously close to crossing
constitutional limits' in empowering the NIA.
He explained the concept of a 'federal'
crime does not exist in India, with law and
order the responsibility of the state
governments," charge d'affaires Steven
White said in the cable about the meeting.
Chidambaram had during the meeting
"opined that the NIA law would be
challenged in court because it ascribes
certain investigating powers to NIA which
may be seen to conflict with responsibility
that is exclusively with the states".

 

[Tshering22]

Chidambaram is a joke...

 

[Kinetic]

Chidambaram is a joke...

Yes, the NIA's limits are Chiddu, Mani Iyer and bureaucracy.

 

[angeldemon_007]

It was in 2009, i think by now Chidambaram must have developed jurisdiction for NIA afterall he is a lawmaker also.

 

[desioptimist]

It was well known that chidambaram resented NIA post. He though the power of home minister is being diluted by appointing an NIA.

 

[rkjindal91]

But Chidambram was the one who brought all the Intelligence Agencies together.
Under him there is a significant progress in operation Green-Hunt. Although Kashmir aproared but that was geniune.

He has no reported scam/scandal linked with him. A clean, responsible, efficient and intelligent leader.

 

[angeldemon_007]

It was well known that chidambaram resented NIA post. He though the power of home minister is being diluted by appointing an NIA.

NIA stands for National Intelligence Agency, its not a post but an agency. Now what are you actually saying please state again.

 

[rkjindal91]

It was in 2009, i think by now Chidambaram must have developed jurisdiction for NIA afterall he is a lawmaker also.

Ofcourse!! He had been very focussed and agile since his appointment.
Although there was no public announcemnt of ammendment of constituion.

That is why I chose to write ''NIA has'' instead of ''NIA had''

 

[perplexed]

NIA is not for policing. The constitutionality which has been pointed out may not be as significant an errant as indicated. We already had CBI. Is it constitutionally invalid ? NO. The fact is, we needed an organization on the lines of FBI/CBI which has the teeth to pursue a trans-national/trans-state demon like terrorism. In principle i dont think there was such a case ^^. Only certain nitty gritty issues like detention and permission etc needed to be sorted. And after two years, I think these may already have been sorted.