Context: The Union Home Minister directed the National Investigation Agency (NIA) and National Security Guard to commence a probe into the recent Kerala Blast at a Kochi convention centre that killed one individual and left 36 others injured.

Explosions at Jehovah’s Witnesses Convention: Incident Details and Impact of Kerala Blast

• Location: The incident took place during a Jehovah’s Witnesses convention at the centre in Kalamassery, about 10 kilometres (6.21 miles) northeast of Kochi. 
• Who are Jehovah’s Witnesses?
  • Jehovah’s Witnesses are an international Christian denomination that was founded in the United States around 1870. 
  • They are best known in many countries for door-to-door evangelism (the spreading of the Christian gospel by public preaching or personal witness).
  • Jehovah’s Witnesses have about 60,000 followers in India.
• Event Conducted: The group was holding a three-day zonal convention that had seen more than 2,000 registrations.
• What was the Kerala Blast? 
  • At least three explosions occurred inside the convention hall, with more than 23 people injured. 
  • The explosion occurred seconds after the end of a prayer as part of the day’s event. 
  • The first blast took place in the middle of the hall and seconds later, two more explosions rocked simultaneously on either side of the hall.

Overview of National Investigation Agency (NIA) and its Operations

• Constituted under NIA: It was constituted under the National Investigation Agency (NIA) Act, 2008. 
• Origin: NIA originated in the wake of the 26/11 Mumbai Terror attack in 2008.
  • The agency started its functioning in 2009.
• Functions and Objective of the NIA and NSG: 
  • It is a central agency to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States.
  • Against atomic and nuclear facilities.
  • Smuggling in High-Quality Counterfeit Indian Currency. 
  • It implements international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.
  • Its objective is also to combat terror in India.
  • It acts as the Central Counter-Terrorism Law Enforcement Agency. 
• Headquarters: New Delhi
• Branches: Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur and Jammu. 

Objectives and Initiatives of the National Investigation Agency (NIA)

• Thorough Investigations: To conduct comprehensive, professional investigations of scheduled offenses using cutting-edge scientific investigative techniques.
• Upholding Legal Framework: To uphold the Indian Constitution and the nation’s laws.
• Protecting Human Rights: To prioritize the protection of human rights and individual dignity.
• Enhancing Workforce: To cultivate a skilled workforce through regular training and exposure to best practices and procedures.
• Expeditious Trials: To ensure efficient and swift legal proceedings.
• Adherence to NIA Act: To maintain professional and cooperative relationships with state and union territory governments and other law enforcement agencies while complying with the legal provisions of the NIA Act.
• Assisting Other Agencies: To provide support to all states and other investigative agencies in the handling of terrorist cases.
• Database Development: To construct a comprehensive database containing all terrorism-related information and share this database with states and other relevant agencies.
• Strengthening Anti-Terrorism Laws: To examine and evaluate anti-terrorism laws in other countries and regularly assess the sufficiency of existing laws in India, proposing changes as needed.

Jurisdiction of the National Investigation Agency (NIA)

• The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country.
• Persons in the service of the government wherever they are posted.
• Persons on ships and aircraft registered in India wherever they may be.
• Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.

Importance of the National Investigation Agency (NIA) in Counterterrorism Efforts

• Terrorist incidents often reveal intricate connections between different states and international networks, potentially linked to organized crime activities such as arms and drug smuggling, as well as the circulation of counterfeit Indian currency. 

Roles and Responsibilities of the National Investigation Agency (NIA)

• The cases are assigned to the NIA by the Central Government in accordance with section VI of the NIA Act, 2008. 
• The investigation of the cases is done by the Agency independently.
  • After investigation, the cases are placed before the NIA Special Court.
• For prosecuting the accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and certain other scheduled offences, the Agency seeks the sanction of the Central Government. 
  • The sanction is granted under the UAPA based on the report of the ‘Authority’ constituted under section 45 (2) of the UAPA.
  • It is empowered to deal with terror-related crimes across states without special permission from the states. 

Counteracting Smuggling and Terror Financing: NIA’s Initiatives

• The amendments to the NIA Act in 2019 has brought the offences related to the smuggling in High-Quality Counterfeit Indian Currency under the definition of a terrorist Act. 
• To curb various aspects of terrorist financing, a Terror Funding and Fake Currency Cell (TFFC) has been created in the NIA. 
  • The Cell maintains a database of terror financing and cases of Fake Indian Currency Notes (FICN).
  • TFFC also conducts a part investigation into terror financing aspects of regular cases investigated by the NIA. 
  • It conducts verifications of bank accounts of the suspects that are linked with Naxalite groups.
• There is an exclusive Left Wing Extremism (LWE) cell to effectively deal with cases related to terror financing aspects of Naxalite groups.
• The Ministry of Home Affairs (MHA) reviews the manpower, financial and infrastructure requirements of NIA from time to time. 

Recent Amendment to the NIA Act:

• The NIA (Amendment) Bill, 2019 was passed by Parliament amending the original Act of 2008.
• The Bill seeks to allow the NIA to investigate the following additional offences such as: 
  • Human trafficking
  • Offences related to counterfeit currency or banknotes Manufacture or sale of prohibited arms Cyber-terrorism, and
  • Offences under the Explosive Substances Act, 1908.

Extensive Jurisdiction of NIA: Strengthening National Security

• The officers of the NIA have the same powers as other police officers in relation to the investigation of such offences, across India.
• The officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries. 
• The central government may direct the NIA to investigate such cases as if the offence has been committed in India.
• The Special Court in New Delhi will have jurisdiction over these cases. 

Establishment of Special Courts under the NIA Act 2008

• The Central Government for the trial of Scheduled Offences, constitutes one or more Special Courts under Section 11 and 22 of the NIA Act 2008.
• Composition: Special Court shall be presided over by a judge to be appointed by the Central Government on the recommendation of the Chief Justice of the High Court. 
• The Central Government may, if required, appoint an additional judge or additional judges to the Special Court, on the recommendation of the Chief Justice of the High Court.

Jurisdiction and Transfers in Special Courts under the NIA Act 2008

• The Special Courts have all powers of the court of sessions under the Code of Criminal Procedure, 1973.
• Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final.
• The Supreme Court can transfer a case pending before a Special Court to any other Special Court within that State or any other State in some exceptional cases where it is not feasible to conduct a peaceful, fair, impartial and speedy trial. 
• Similarly, the High Court has the power to transfer a case pending before a Special Court in a State to any other Special Court within that State. 

Concerns and Controversies Surrounding the 2019 Amendments to the NIA Act

• Federalism and Jurisdiction: The amendments raise concerns regarding the distribution of powers between states and the central government. While public order and police forces are under the state list, criminal law is on the concurrent list, and national security falls under the union list.
• Broad Investigative Powers: The central government gains the authority for the NIA to take over investigations related to offenses like human trafficking, certain Explosives Act violations, and specific Arms Act violations. However, not all such offenses necessarily pose threats to national security, and states should have jurisdiction in dealing with them.
• Cyber Terrorism Ambiguity: The inclusion of Section 66F of the Information Technology Act in the schedule introduces issues, especially concerning cyber terrorism. India lacks a comprehensive data protection act, and the definition of cyber terrorism is ambiguous.
• Unspecified “Affecting the Interest of India”: The amendments grant the NIA the power to investigate crimes against Indian citizens or those “affecting the interest of India.” However, the term “affecting the interest of India” remains undefined, potentially allowing governments to misuse it to restrict freedom of speech and expression.
• Lack of Mention in Original Laws: The laws under which the NIA has investigative authority do not explicitly mention “affecting the interest of India” as an offense, raising questions about its legal basis.

The Role and Structure of the National Security Guard (NSG) in India

• The National Security Guard (NSG) is an Indian special forces unit for combating terrorist activities with a view to protect states against internal disturbances.
• Units: It is a task-oriented Force and has two complementary elements in the form of the Special Action Group (SAG) comprising Army personnel and the Special Ranger Groups (SRG), comprising personnel drawn from the Central Armed Police Forces / State Police Forces.
• Parent agency: Ministry of Home Affairs (MHA).
• Establishment: It was raised in 1984, following Operation Blue Star and the assassination of Indira Gandhi.
• Status: It has been formed under the National Security Guard Act, 1986.
• Headquarters: New Delhi.
• The NSG was modelled on the pattern of the SAS of the UK and GSG-9 of Germany.
• Motto: Sarvatra Sarvottama Suraksa.
• According to ministry of home affairs website, It is one of the 7 Central Armed Police Forces (CAPF).
• Director General (DG): The head of NSG, designated as Director General (DG), is selected by the Home Ministry. All the selected DGs have been officers from Indian Police Service (IPS).
  

Enhancing VIP Security: NSG’s Close Protection Force (CPF) Protocol

• The National Security Guard (NSG), which also provides security cover to select VIPs, has adopted a “close protection force” (CPF) protocol to better secure the dozen VIPs under its ‘Z+’ cover of ‘black cat’ commandos.
• Now NSG commandos will provide close-body protection to VIPs every time they visit a public place compared with the earlier mobile security concept under which commandos secured the person only while on move.
• The Special Protection Group (SPG) protects its VIPs outside and inside a venue, with commandos encircling the VIP like their shadow.