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| Why was JK police sidelined and NIA asked to probe Udhampur attack? | | | Abdul Majid
Early Times Report
SRINAGAR, Aug 11: The Ministry of Home Affairs (MHA) move to handover the Udhampur militant attack case to National Investigation Agency has put question mark on the credibility of J&K Police.
A special NIA-designate court granted 14 days remand of the Udhampur attack accused Naveed alias Usman alias Qasim Khan to the NIA.
The accused was brought to Jammu from Kashmir by an NIA team headed by senior superintendent of police Atul Kumar Goel who is also chief investigator of the case.
Even though Naveed was after his arrest brought to Kashmir for questioning, the NIA team immediately took him back.
"The protocol in such militancy-related cases has been that the accused are interrogated at the interrogation center at Cargo in Srinagar under the control of the Special Operation Group of JKP, but this time it was a different story," said a police official asking not to be named.
As if not giving the custody of the accused to the state police wasn't enough, the NIA took up the case into its own hands without getting clearance from the state Home Department, which is mandatory. This has left the PDP-BJP coalition embarrassed."
"It hints that the MHA is not satisfied with the state police as the militancy has seen a sudden rise. After Kashmir, Jammu province too is turning into battlefield," the official said.
He said under the NIA Act, the agency can take up investigation into any case registered under its "scheduled offences" without the consent of the state government concerned. "However, since Ranbir Penal Code (RPC) is not part of the scheduled offences of the NIA, the agency cannot take up probe in any case registered under it on its own. They have to seek formal clearance from the government of J&K," he said.
In September 2014, NIA had asked the Centre to give it jurisdiction over the "high profile militancy-related cases of J&K registered under the RPC."
"Since Indian Penal Code is not applicable in J&K, the agency's mandate is limited in the state. So in any case they have to seek the state's clearance," sources added.
The NIA Act reads: "The Act applies to whole of India." "But due to some grey areas it becomes necessary to write 'including J&K' which is not mentioned in the Act," sources said, adding that there is no mention of J&K in the Act.
Meanwhile the sources said trial of the arrested militant currently in the custody of NIA will be held on regular basis on all working days while the state police would also be given a chance to question him.
"The accused will be in NIA custody and can be lodged in any police station during investigations," the sources said.
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