Caring for the regular Run-of-the-Mill state bomb case as a violation of terrorists and such cases sent to a special court will defeat the Action Nia (National Investigation Agency), Madras High Cours said, expressing hope that the problem would be seen by the stakeholders interests with the seriousness they deserve.
Full bench Judge PN Prakash, V Sivagnanam and VN Manjula made observations while hearing a reference from a single judge who asked whether an application opposed the orders submitted by District Court Judges and sessions regarding UPA (Lower Activity Prevention Act) was treated as an application or Comparative guarantees under the laws of the Nia, even if this case is being investigated by state police and not Nia.
The Nia Law, 2008, was implemented after a terror attack in Mumbai in November 2008, after a special agent was formed to investigate and demand violations at the national level.
UPA found a place in the schedule added to ACT.
After hearing the argument of the advice including government advocates, the bench cited statistics from the Bureau of State Crime Records (SCRB) which showed that, in Tamil Nadu, in 2019, 139 Firs (First Information Report) was registered under the Concrete Law.
“It is general knowledge that Rowdy gangs have now graduated from the use of knives to the country’s bombs, which they find are easier to carry and thrown than traditional weapons.
Of the 139 firs, in just two cases, the provisions of the UPA are included,” the bench stated and showed that if The state police are in a tight mandate of the Nia law, all station house officers must be trained to inform the state government that must be intimidated by the center because it is a violation that is scheduled under the laws of Nia.
This will leave the center with many cases of each state and ensure that Nia must be handled, the court said.
The bench shows that such exercises will burden the Special Court as well and stated that in addition to the routine justice court, the main district and judge session, Chennai, also conducted exclusive jurisdiction under some of the enactment such as money laundering, among others.
“The purpose of the Nia Act is to accelerate the trial of serious violations, which will be defeated if one court is jurisdiction overloaded with some enactment of providing special jurisdiction,” the court was held.
Not all cases of state bombs for Nia: HC
