Jammu and Kashmir governor N.N.
Jammu and Kashmir governor N.N. Vohra ignited a new controversy by suggesting the Ranbir Penal Code, the state’s criminal law, be brought under the NIA Act, giving the Central agency extraordinary powers to take over any terror case in the state.
In his address at the NIA’s 7th foundation day Tuesday, the governor said the Union home ministry should take urgent steps to ensure the NIA’s legal framework is modified to enable effective investigations in terror cases.
“The existing schedule to the NIA Act also requires to be reviewed for enlarging the list of offences... to cover those under the Ranbir Penal Code, Arms Act, NDPS Act, Explosive Substances Act, among others,” he said.
J&K, which is now under Governor’s Rule, has a special status whereby no law comes into force automatically until it is ratified by the state Assembly. Both the PDP and the National Conference are opposed to giving sweeping powers to the NIA.
The inclusion of the Ranbir Penal Code, which is used in place of the Indian Penal Code in Jammu and Kashmir, would mean that the NIA can take over any case registered under the Unlawful Activities (Prevention) Act, as well as under the Rabir Code.
The People’s Democratic Party and the National Conference are both strongly opposed to the NIA being given sweeping powers to take suo motu cognisance of terror-related cases in the state. Reacting to Mr Vohra’s suggestion, both the National Conference and the CPI(M) said no such move should be allowed, while the ruling PDP, an alliance partner of the BJP, said it would react after studying the governor’s remarks.
PDP leader Nayeem Akther said his party needed time to study the governor’s statement and will give its response later, while the NC spokesman said his party will not back any such move. “The governor should leave all such decisions to be taken by a popularly-elected government,” he added.
CPI(M) MLA Mohammed Yusuf Tarigami said such a move would encroach upon the state’s autonomy, and added: “This is an attempt to encroach on whatever autonomy is left,” the Left leader said.
Under the NIA Act, which came into force after the 2008 26/11 Mumbai attack, the agency can take over any case related to terror suo motu except in Jammu and Kashmir, where it needs the state government’s permission before it can start any investigation.
