Lawstreet Journal

Jamat-E-Islami Hind Of Kerala Challenges NIA Amendment In SC

Lawstreet Journal 20 Jan 2020 7:31pm

Image courtesy: Lawstreet Journal Judiciary Jamat-E-Islami Hind Of Kerala Challenges NIA Amendment In SC

A Supreme Court bench comprising Justices R F Nariman and Ravindra Bhat on Monday (January 20, 2020) gave a notice to the Centre on a writ petition which challenged the constitutional validity of the National Investigation Agency (Amendment) Act, 2019. 

The Amendment Act expanding the power of the National Investigating Agency was passed by the Parliament during the 2019 monsoon session. 

Senior Advocate Santhosh Paul, assisted by Advocate Jaimon Andrews, submitted that the Amendment affected the standards of co-ooperative federalism, and violated Article 14of the Constitution of India, 1949 because of arbitrariness and characteristic vagueness in the provisions.

The petition filed by Umar. M, Secretary of Kozhikode-based organization ‘Solidarity Youth Movement’, argued that the introduction of additional offences in the schedule of NIA Act, such as human trafficking, counterfeiting of currency notes etc., are “wholly unrelated to the fundamental object of the Act, i.e to counter terrorism”.

In doing so, NIA 2019 has further encroached upon the federal characteristic of the country, by usurping the power of the States to enact laws pertaining to public order and police as provided for under Entries 1 and 2 of List II of the Constitution of India. It is also pertinent to note that while this is wholly in contravention of the principles of co-operative federalism enshrined in the Constitution of India, it has also been amended without any practical justifications of the inability or incompetence of the investigation agencies at the state level. In essence, the passage of this amendment has paved the… Continue Reading...

Tagged: National Investigation Agency  
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