The idea of setting up a National Investigation Agency (NIA) is not new.  Numerous expert bodies, like the National Human Rights Commission, the Soli Sorabjee committee, Padmanabahiah committee, Justice Malimath committee and parliamentary standing committee of the ministry of home affairs have recommended its establishment. Way back in 2001, the ruling BJP government at the Centre had prepared a proposal to establish a central law enforcement agency to investigate certain crimes having interstate or international ramifications, like terrorist incidents, arms and drug trafficking, hijacking, money laundering, counterfeiting of currency, espionage and crimes targeting national infrastructure.  The proposal fell through because some of the chief ministers were not willing to accept it.  They felt it was an unwarranted and avoidable intrusion into their jurisdiction.

The recent Mumbai incidents led to the revival of the demand to treat certain types of crime as a national problem and controlling them as a federal responsibility. Public debate on the subject has revolved around two main issues.  One is the Parliament’s competence to enact this law.  The other, more important, issue relates to the substance of the National Investigating Agency Bill, 2008 and its enforcement.  The legislation shows all the signs of being drafted in unseemly haste. The charter of this legislation is narrow and limited.  As per the preamble and section 3(1) of the act, the agency has been established only to investigate and prosecute the scheduled offences.  The act is conspicuously silent about other functions, like preventing and controlling security related crimes, identifying and assessing the nature and scope of terrorist threats to the country, collecting and analysing intelligence etc.

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