The Supreme Court of India has issued notice to the Centre on a plea questioning the validity of the National Investigation Agency Act, 2008. The case raises major concerns about federal powers, NIA authority, and constitutional rights across India.
The Supreme Court of India on Tuesday issued a notice to the Union government in a significant case challenging the constitutional validity of the National Investigation Agency Act, 2008. The plea raises serious questions about the powers of the National Investigation Agency (NIA) and its role in the country’s federal structure.
A Bench comprising Justices Vikram Nath and Sandeep Mehta observed that the matter involves issues of wide national importance, especially regarding the authority exercised by the NIA in criminal investigations across states.
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During the hearing, the Bench raised critical concerns about the powers of the agency and how it functions under the law. The Court remarked,
“If NIA doesn’t have power to register FIR, what would be the result of your investigation? Are their officers considered to be police officers? How do you file a chargesheet? Is there any notification to that effect? These are questions of vital importance affecting the entire country,”
highlighting the far-reaching implications of the legal questions involved.
The Court has directed the Central government to submit its counter affidavit within four weeks. The petitioner will then have two weeks to file a rejoinder. The matter is scheduled for further hearing on July 14.
The petition has been filed by a lawyer from Kerala, who is currently an accused in a case registered by the NIA related to alleged unlawful activities connected to members of the Popular Front of India (PFI). According to the plea, the petitioner was arrested in December 2022 after the NIA took over the investigation. He remained in custody for around one year and five months before being granted bail by the Kerala High Court in June 2024.
Based on these circumstances, the petitioner has approached the Supreme Court challenging the legality of the NIA Act itself. The main argument is that the framework of the Act allows the Centre to take over investigations in a way that violates constitutional principles.
The plea strongly argues that the NIA Act disturbs the federal balance of power. It points out that “police” falls under Entry 2 of the State List in the Constitution, meaning law and order is primarily a state subject. Therefore, according to the petitioner, Parliament did not have the authority to create a central agency with overriding powers over state police forces.
It is further argued that the Act allows the Central government to step into investigations within states without their consent. This, the plea claims, weakens the constitutional division of powers between the Union and the states and goes against the basic federal structure.
The petitioner has specifically challenged Sections 6 to 10 of the Act, stating that these provisions give excessive and unchecked powers to the Centre to take control of investigations. According to the plea, this creates what is described as a parallel national police system, which interferes with the powers that are exclusively given to state governments in matters of policing and public order.
Additionally, the plea highlights that in the petitioner’s own case, the State police had earlier investigated the matter and did not find any scheduled offence. However, after the NIA took over, an FIR was registered, investigation conducted, and a chargesheet filed, which allegedly caused serious prejudice to him.
In conclusion, the petitioner has asked the Supreme Court to declare the NIA Act unconstitutional. The challenge is based on alleged violations of fundamental rights under Articles 14, 20, and 21 of the Constitution, along with the claim that the Act undermines India’s federal structure.
Senior Advocate Siddhartha Dave and Advocate Vishnu P appeared on behalf of the petitioner in this important constitutional matter, which could have major implications for the balance of power between the Centre and the states, as well as the functioning of central investigative agencies in India.
Case Title:
Mohammed Mubarak AI Versus Union Of India And Ors.,
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