As per the Statement of Objects and Reasons of the act, the NIA is being established in a “concurrent jurisdiction framework” However, investigation, as defined in Section 2 (h) of the CrPC, is mainly police work and ‘Police’ is an item confined to the state list in the Constitution. That is why section 6 of the Delhi Special Police Act that governs the functioning of the CBI prohibits its jurisdiction in a state without the consent of its government. The centre is therefore walking on a very tight rope by setting up this police agency the way it has been done.
The writer is former director (R&D), bureau of police research and development
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