The Jammu and Kashmir administration on November 1, 2021, ordered the setting up of a specialized agency to be called Special Investigation Agency (SIA) for the investigation and prosecution of offences of terrorism, including UAPA and those under the Explosive Substances Act and other crimes related to it in the Union Territory.
The order to this effect was issued by a Special Secretary to the Home Department, Khalid Majeed. As per the order, “Sanction is hereby accorded to the constitution of a specialized Agency to be called the Special Investigation Agency (SIA) for the investigation and prosecution of offences specified in an annexure to this order.”
Special Investigation Agency (SIA) in Jammu & Kashmir will take such other measures as may be necessary for the speedy and effective investigation and prosecution of terrorism-related cases.
Home Dept, Govt of Jammu & Kashmir sanctions the constitution of a specialised agency to be called the Special Investigation Agency (SIA) for investigation and prosecution of offences, including UAPA and those under Explosive Substances Act.
— ANI (@ANI) November 2, 2021
What kind of cases can be taken up by SIA? The Special Investigation Agency (SIA) in Jammu & Kashmir can take up the cases related to Atomic Energy Act, Explosive Substances Act, Unlawful Activities (Prevention) Act, Suppression of Unlawful Acts Against Safety of Civil Aviation Act, Anti-Hijacking Act, SAARC Convention (suppression of terrorism) Act, terrorist financing and terrorism -linked NDPS cases among others. |
Special Investigation Agency in Jammu & Kashmir:
• As per the order, the Special Investigation Agency (SIA) shall be the nodal agency for coordinating with the National Investigation Agency (NIA) and other central agencies.
• The Special Investigation Agency (SIA) in Jammu & Kashmir will consist of a director and a number of officers and employees as deputed by the government from time to time.
• The police stations of the Criminal Investigation Department (CID) in Jammu & Kashmir will also be the police stations for the purposes of investigation and registering of cases of SIA.
• The head of the CID wing will be the ex-officio director of SIA and the director SIA shall, to the extent it pertains to the functioning of SIA, exercise such powers as may be specified by the government from time to time.
• Those appointed in Special Investigation Agency will be paid a special incentive of 25% of the basic pay.
It will be the Nodal Agency for coordinating with the NIA and other Central agencies.
— ANI (@ANI) November 2, 2021
What will be the role of the Special Investigation Agency in J&K?
• As per the order, all officers in charge of the police stations will mandatorily intimate the Special Investigation Agency (SIA) immediately upon the registration of terrorism-related cases.
• Those cases will also be reported to SIA where any terrorism linkages surface during the investigation.
• Wherever the investigation is not taken by the DGP, the NIA, J&K will, having regard to the gravity of offences, the progress of the investigation, and other relevant factors, determine in consultation with Special Investigation Agency whether the case is fit to be investigated by SIA, and transfer the investigation of the case at any point of time during its investigation.
• Where the agency will be of an opinion that an offence specified has been committed, which is fit to be investigated by it, the Special Investigation Agency will register an FIR, suo motto, while keeping DGP, J&K informed.
• The Special Investigation Agency (SIA) will also be the agency for investigation and trials of offences in cases that are transferred to the State Government in terms of Section 7 of the National Investigation Act.
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