The Delhi High Court issued notice to the National Investigation Agency (NIA) on Tuesday in response to a petition seeking the quashing of a case issued by the Ministry of Home Affairs.
A single bench of Justice Jasmeet Singh was hearing a petition filed by Popular Front of India (PFI) Chairman, O.M.A. Salam seeking quashing/setting aside of Reference Case (RC-14/2022) dated April 13, 2022, issued by the Ministry of Home Affairs (MHA).
On 22nd September, 2022, Salam was detained during an NIA search that resulted in the seizure of numerous digital devices, cash, sharp-edged weapons, and damning documents.
In his petition, Salam said that NIA should not file a final report under Section 173 (Report of police officer on completion of an investigation) of the Code of Criminal Procedure, 1973 (CrPC).
The counsel appearing for Salam claimed that the legal challenge was solely grounded in the fact that the National Investigation Agency (NIA) was only authorised to look into scheduled offences, including those covered by Section 6(5) of the National Investigation Agency Act of 2008. He added that obtaining authorization from the Central Government is a prerequisite.
The counsel continue, “I am saying they (NIA) may investigate but Lord! May have a Section 6 scheme..normal scheme is the State government finds a specific offence where there are elements of the Central Government’s interest… It then has 15 days to decide whether the NIA should be involved or not, and that decision will be either yes or no. As a result, Section 6(1) to (4) always imposes a requirement.”
“Section 6(5) states that, notwithstanding sub-sections 1 to 4, the NIA may directly investigate the matter but not register the offence, which contradicts Section 6.” (8). So, your Lordship, submit! “If what is stated in the FIR is correct, then an important step in this is that the offence ought to have been registered first by the State (Delhi Police),” the counsel contended.
The single judge bench gave notice to the NIA and ordered the organisation to provide a reply/status report within four weeks after noting that the State of Delhi should have been the one to register the offence.
In light of this, the court sets the subject for a subsequent hearing on July 11,2023.
Delhi HC Issues Notice To NIA In A Plea By PFI Chairman O.M.A. Chairman
