Srinagar: A State Investigation Agency has been constituted within the Jammu and Kashmir Police for speedy investigation and prosecution in terror-related cases as well as coordinating with central agencies, officials said on Tuesday.
The Jammu and Kashmir Home department in an order issued on Monday said the State Investigation Agency (SIA), which will be headed by a director, will be mandated to probe terror offences like terror finance and false propaganda and those under the Unlawful Activities (Prevention) Act (UAPA).
“The SIA will be coordinating with the National Investigation Agency (NIA) and other central agencies, and will take all measures, as may be necessary, for speedy and effective investigation and prosecution in terrorism-related cases,” the order said.
The Counter Intelligence units of Kashmir and Jammu, both under the CID department of the police, will also be the police stations under the new SIA for registering of terror-related cases, it said.
The CID chief will be the ex-officio director of the SIA, the order said, adding a special incentive of 25 percent of the basic pay shall be paid to the employees who are posted in the SIA.
According to the order, in-charge of police stations will mandatorily intimate the SIA immediately upon registering a terror-related case and about any such cases where any terrorism linkage surfaces during the probe.
“If any case is not taken by the NIA, the director general of police (DGP), having regard to the gravity of the offence and progress of the probe, will determine in consultation with SIA whether it is fit to be investigated by the agency and transfer the probe,” it said.
“However, if there is a difference of opinion, the DGP shall take a decision, while recording the reasons in writing,” the order said.
“If the case is not handed over to the SIA and local police continue to probe it, the police headquarters will ensure that the SIA at regular intervals, preferably on fortnightly basis, is informed about the progress of investigation,” it said.
Giving an edge to the SIA, the order said if the agency is of the opinion that an offence related to the “scheduled crimes” has been committed, it can register an FIR keeping the DGP informed.
Scheduled crime, which have been kept in the list of the SIA, include those registered under the Explosive Substances Act, the UAPA and the Atomic Energy Act. Anti-hijacking, terror conspiracy, terror financing and terrorism-related to narcotics, terrorism-related to kidnapping and murder are also among scheduled crime cases.
Among other offences mentioned in the scheduled offences of the SIA are terrorism-linked thefts and extortions, ATM and bank robbery cases, terrorism-linked weapon snatching and robbery cases and cases related to propaganda, creating false narrative, large-scale incitement, spreading disaffection, enmity against the Indian union.
Meanwhile, People’s Alliance for Gupkar Declaration (PAGD) said that the constitution of a specialised investigation agency by the Jammu and Kashmir administration to probe terror-related cases is only aimed at strengthening the “repressive apparatus” in the Union territory.
“The latest decision of the administration to create the State Investigation Agency by all counts is only aimed to strengthen the repressive apparatus in this region,” PAGD spokesperson M Y Tarigami said in a statement.
He said the formation of one more agency empowered with “unbridled powers” is one more “assault” on the democratic rights and civil liberties of citizens.
“In the name of fighting terrorism, these agencies and laws are being weaponised against the citizens who hold a different viewpoint from the government. What was the need to add one more such agency when already NIA and UAPA have created havoc among the people by gross misuse of these draconian measures?” he asked.
Tarigami said J&K is a “political issue” and needs a political outreach and what is required to be done is to provide relief and not any addition to such “harsh measures” which are “bound to deepen their alienation”.
“The People’s Alliance for Gupkar Declaration (PAGD) had opposed all such laws in the past and will do so in the future as well. Even eminent jurists in the country have expressed resentment over the draconian laws being passed by the government in the name of fighting terrorism. These laws can be wielded as a weapon against opponents. The fight to defend democracy must encompass the struggle to get rid of these draconian laws,” he said.
Meanwhile, PDP president Mehbooba Mufti said the constitution of the SIA was another “tool of state suppression” to “intimidate” people into “submission and silence”.
“The only progress GOI made post 5th August has been creating more tools of state suppression to intimidate people into submission & silence. As if ED, CBI, NIA & anti terror laws weren’t enough, we now have SIA with sweeping powers & impunity to repress people further in J&K (sic),” she wrote on Twitter.
