Oppostion members in Rajya Sabha Wednesday asked the Centre to ensure that states' right to policing remains intact and they should be allowed to assist National Investigation Agency (NIA) to probe terrorism cases.
The members were participating in a discussion on the The National Investigation Agency (Amendment) Bill, 2019, which has already been passed by Lok Sabha earlier this week.
Congress member Vivek Tankha said: "NIA is a policing agency...it is facing challenges and one day there may be a situation where NIA enactment would be struck down (by court)."
On states' right to investigate cases, he said, "Despite saving clause which says the power of the state (of policing) will not be compromised, the central government in exercise of its powers has been challenging the right of the state to assist in a case...taking away cases where they (states) are already investigating."
He further said,"This was not the intent of the NIA. It was that in the spirit of federality and cordiality in important matters where nation looks to good investigation, the expert body would investigate and states would assist."
Tankha opined:"You may have the best of Act, good intention, pious motives but if the implemenation of the Act in this country is not in the spirit of federalism and cordiality, then certainly implemenation is going to suffer."
"Even the CBI (entry in list I of Central subjects) was challenged in the Assam High Court, which struck down CBI constitution (entry) as illegal. The matter is only pending in Supreme Court on the stay order. We don't know what would happen finally to the case."
TMC leader Derek O'Brien also echoed similar views and said,"Under section 6, state power is bypassed. The issue of federalism is a cause of concern. If human trafficing and cyber crimes goes in central list, then there is big chance of conflict. Then cyber crime can become cyber terrorism and states' right could be used."
He further said,"Political rivals say you have the ally of CBI, ED and IT. So this (NIA) must not be another ally. The NIA should do its job and not become National Interferance Agency."
On Pakistan's take on this amendment in the Act which allows NIA to investigate beyond internationl borders, he said,"Will Pakistan sign the treaty. Will Pakistan give us jurisdication. How have we gone on Pakistan."
In a ligher vein he said,"We went to have vegetable biryani on a birthday. We allowed five member investigation team to come to Pathankot. Then they went back and said all fault was yours. If we want to fight terror then we would have to address the Pakistan issue. What is the view of this government on Pakistan?"
He recalled that,"Home Minister (Amit Shah) said (earlier this week) that that TADA and POTA were not repealed because of misuse, but to save a vote bank."