The Supreme Court has sought a response from the Central Government in the case challenging the validity of the National Investigation Agency (NIA) Act, 2008. The Supreme Court on Tuesday ordered the Central Government to file its reply on the petition within four weeks.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the bench of Justice Vikram Nath and Justice Sandeep Mehta that the government needs some time to file the counter affidavit. Senior advocate Siddharth Dave, appearing for the petitioner, said that a notice was issued on this petition on April 21.
Central government given four weeks time
The bench gave the Center four weeks time to file the counter affidavit. He said that the petitioner can file a rejoinder (if any) within two weeks thereafter. The bench said that the petition will be listed for hearing after six weeks. On April 21, the Supreme Court had sought response from the Centre, NIA and others on this petition. The court had commented that the questions raised before it were very important.
Request to repeal NIA Act, 2008
The petition has requested to repeal the NIA Act, 2008, claiming that this law violates Article 14 (equality before law) of the Indian Constitution and is beyond the legislative competence of the Centre. The petition said that after the 26/11 Mumbai terrorist attacks, NIA was formed under this Act as a central anti-terrorism law enforcement agency. It says that police comes under the state list.
Section 6 (5) of the Act is also mentioned
Section 6 (5) of the Act has also been mentioned in the petition, which relates to investigation of scheduled crimes. And it says that if the Central Government is of the opinion that any scheduled offense has been committed, the investigation of which is necessary under this Act, then it can take suo motu cognizance and direct the concerned agency to investigate it.
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