Explained: J&K’s State Investigation Agency and its mandate

The SIA has been constituted as a specialized, nodal agency for “coordinating with NIA and other central agencies” to take measures as required for speedy and effective investigation and prosecution of terrorism related cases. The agency was set up aside from the CID and other allied agencies working in the UT.

The need for setting up a new agency was felt “for specialized investigation” into terror cases, not referred to the NIA.

An SIA Directorate has been set up in J&K with the head of the CID wing as its ex-officio Director. Officers to the Directorate have since been deputed by the government. All the officers in-charge of the police stations have to mandately intimate the SIA immediately on registration of terrorism related cases, and also about such cases where any terrorism linkage surfaces during the investigation.

In cases where the investigation of an offence is not taken up by the NIA, the DGP of J&K, “having regard to the gravity of the offence, progress of investigation and other relevant factors,” will determine in consultation with the SIA whether the case is fit to be investigated by SIA.

The Home Department notes various offenses under different acts and provisions that direct the purview of the SIA. These include, The Explosive Substances Act, 1908 (6 of 1908); The Unlawful Activities (Prevention) Act, 1967 (37 of 1967). 0fences having terrorism linkage; all terrorist acts including terrorist financing and circulation of high quality fake Indian currency notes cases; terrorism related larger conspiracy cases; terrorist financing and terrorism linked NDPS cases. Other offenses include, terrorism linked kidnapping and murder cases; terrorism linked weapon snatching/robbery cases and cases relating to terrorism linked propaganda, false narrative, large scale incitement, spreading disaffection, enmity against the Indian Union.

This provides the SIA a very wide canvas to investigate offenses in Jammu and Kashmir.

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