News Analysis India

Tag: National Investigation Agency

  • Antilia bomb scare case: NIA moves Bombay HC against special court order granting bail to bookie

    By PTI

    MUMBAI: The National Investigation Agency (NIA) on Friday moved the Bombay High Court challenging a special court’s order granting bail to cricket bookie Naresh Gaur, an accused in the Antilia bomb scare case and killing of businessman Mansukh Hiran.

    A special NIA court granted bail to Gaur on November 20, but he continues to be in in jail, as the court stayed its order for a period of 25 days.

    Earlier this week, a single bench of the High Court set aside the stay order, noting that a sessions court judge does not have the power to stay his own order.

    The probe agency, in its appeal, said the present case was a ‘terror crime’ and was committed with an intent to strike terror among people.

    On Friday, the NIA’s advocate Sandesh Patil sought that the division bench of Justices Nitin Jamdar and Sarang Kotwal must grant a stay on the single bench’s order so that Gaur can remain in jail.

    Patil informed the court that Gaur has filed an application before the special NIA court seeking permission to submit temporary cash surety instead of bond.

    The application is to be heard on Friday, the lawyer said, adding that pending hearing of the NIA appeal, his (Gaur) release should be stayed.

    Gaur’s advocates Shirish Gupte and Aniket Nikam, however, argued that he (Gaur) has been in jail despite being granted bail on merits.

    “Let him be released. He will surrender if the NIA’s appeal against the bail order is allowed,” Gupte told the court. The bench said it would start hearing the appeal from December 15 on merits.

    Gupte then assured the court that till then they would not press for the special NIA court to hear their application for submission of temporary cash surety.

    The NIA had arrested Gaur in March this year, accusing him of being involved in the Antilia bomb scare case and in the killing of businessman Mansukh Hiran.

    According to the NIA, Gaur had provided SIM cards to the co-accused in the case.

    The agency in its appeal in the High Court claimed that Gaur and the other accused in the case, including dismissed cop Sachin Waze had parked an explosive-laden vehicle outside the Antilia building, residence of industrialist Mukesh Ambani and his wife Nita Ambani, and thereafter killed Hiran, owner of the vehicle, with an intent to strike terror in the section of people residing in the area.

    “The present crime involves the serious and heinous offence of murder which is the culmination of the conspiracy of planting of explosives near Antilia and threat to the Ambani family. This was an act of terror,” the NIA claimed in its appeal.

    The special court had erred in appreciating the prima facie evidence available against Gaur in the case, the appeal stated.

    “The special court has passed an erroneous order and gone into the question of accused Naresh Gaur allegedly not having active knowledge of conspiracy in this case,” it said.

    “Gaur was fully aware that the SIM cards he was providing were to be used for extorting money and to commit criminal offences,” the NIA alleged.

  • Elgar Parishad case: SC rejects NIA’s plea against HC order granting bail to Sudha Bharadwaj

    By PTI

    NEW DELHI: The Supreme Court on Tuesday dismissed the appeal of the National Investigation Agency (NIA) challenging the Bombay High Court order granting default bail to lawyer-activist Sudha Bharadwaj in the Elgar Parishad-Maoist links case.

    A bench of justices U U lalit, S Ravindra Bhat and Bela M Trivedi refused to consider the submissions raised by the NIA, saying, “We see no reason to interfere with the high court order”.

    The NIA had moved the top court earlier against the high court’s December 1 order.

    Bharadwaj was arrested in the Elgar Parishad-Maoist links case in August 2018 under the provisions of the stringent Unlawful Activities (Prevention) Act.

  • No more special NIA courts required in Gujarat: HC Chief Justice

    By PTI

    AHMEDABAD: The Chief Justice of the Gujarat High Court has refused to recommend to the Centre setting up of additional special courts to try the National Investigation Agency’s (NIA) cases in the state, an official said on Tuesday.

    The Chief Justice rejected the proposal made by the division bench of Justices J B Pardiwala and Niral R Mehta, citing “that there are only 12 cases under the said Act and two special courts have been designated as special courts for the said purpose”.

    In an order, the division bench mentioned a letter addressed by the High Court’s additional registrar (administration) to the deputy registrar, criminal appeal department dated November 17.

    As per the letter, the ground for rejection was that there were only 12 cases under the said Act and two special courts have been designated for the purpose, said the court in its order passed on Monday.

    The court had requested the Chief Justice to consider recommending to the Centre to appoint at least two more judges to the special court as provided under section 11(6) of the NIA Act, 2008, “so that the trial can proceed expeditiously and the undertrial accused may not have to languish in jail for a long period”.

    The court had made the request while hearing the bail application of a man who was arrested for allegedly printing fake currency notes post the demonetisation, and the matter was investigated by the NIA.

    The request had come after a special NIA judge, who was hearing the accused’s case, informed that she was in-charge of almost seven trials under the NIA and was also hearing the ongoing 2002 Naroda Gam riots case.

    The special judge had claimed that she also has to do other judicial work as a city civil judge and administrative work of the city civil and sessions court.

    The High Court, hearing the bail plea, was told that a special NIA court had in the last three months examined only one witness in the case, and the prosecution intends to examine around 47 witnesses for which at least six months will be required.

    Since the petitioner has been in jail for the last five years, the court directed the Additional Solicitor General of India to take instructions whether serious prejudice is likely to be caused to the NIA if the appellant is ordered to be released on bail.

    The court posted the matter for further hearing on November 29.

  • NIA detains activist Khurram Parvez in terror funding case in Srinagar

    By PTI

    SRINAGAR: The National Investigation Agency (NIA) on Monday detained a human rights activist here as it carried out raids at different places in connection with a terror funding case, officials said.

    Khurram Parvez, the coordinator of the J&K Coalition of Civil Society, was detained during a raid on his Sonawar residence in the city, the officials said.

    On October 28 last year, the NIA had searched 10 locations, including that of Parvez, in the valley and one in Bangalore in a case pertaining to certain so-called NGOs and trusts raising funds in India and abroad in the name of charitable activities and then using those funds for carrying out secessionist and separatist activities in Jammu and Kashmir.

    The case was registered on October 8, 2020 under sections of the IPC and the UAPA on receiving “credible information that certain NGOs and trusts are collecting funds domestically and abroad through so-called donations and business contributions” and then using them to fund terror activities in the Union territory, the agency had said.

    Besides Sonawar, the raids were carried out at the main office of the coalition of civil society at Amirakadal Bund in the heart of the city, the officials said.

    They said several incriminating documents and electronic devices were seized during the raids and further details are awaited.

  • NIA conducts searches in Andhra, Telangana in CPI Maoist encounter case of Bastar

    By PTI

    HYDERABAD: The National Investigation Agency (NIA) on Thursday conducted searches at 14 locations in seven districts of Telengana and Andhra Pradesh in connection with an encounter between the cadres of CPI (Maoist) and security forces in which six Maoists and one civilian were killed, an official said.

    The searches were carried out in Hyderabad, Rachkonda, Medak, Prakasam, Vishakhapatnam, Vijaywada and Nellore in, the official of the premier investigation agency said.

    The case relates to the exchange of fire on July 28, 2019 between the cadres of CPI (Maoist) and a combined team of local district Reserve Guard, Special Task Force and CRPF, resulting in the killing of six Maoists and one civilian, the NIA official said.

    A case was was registered in Bastar.

    The NIA took over the case and booked Sanju, Laxman, Munni, Dashari and 30-40 unknown others, the official said.

    During the searches, several incriminating documents, Maoist literature and digital devices were seized, the NIA official said, adding that further investigation in the case was continuing.

  • NIA asks Canadian government to declare Sikhs For Justice a terror outfit

    By Express News Service

    NEW DELHI:  The National Investigation Agency has requested the Canadian government to declare Sikhs For Justice (SFJ) as a terrorist entity stating that many influential people associated with the outfit are working from Canada, sources said on Monday.

    The SFJ was banned by India under UAPA for its involvement in “promoting secession and violent extremism” in Punjab.

    A senior NIA official said that a two-member NIA team led by an IG-rank  official travelled to Canada in the first week of November and made an official request in this regard. 

    The official added that the NIA team also appealed to the Canadian government to expedite execution of requests made under the mutual legal assistance treaty (MLAT).

    “The visit is for better coordination of investigation against entities and individuals suspected of terrorism and to discuss other criminal matters,” a release issued by the Indian High Commission in Ottawa had said.

    The statement further said, “The two countries have a range of ongoing bilateral mechanisms, including a joint working group on counter-terrorism. The two countries had signed a treaty on Mutual Assistance in Criminal Matters in 1994 and have had an Extradition Treaty since 1987.”

    NIA officials also discussed issues  related to evidentiary requirements in India with Canadian authorities and possible cooperation for capacity building in police investigations.

    The NIA delegation also held meetings with the International Crime and Counter-terrorism Bureau of Global Affairs Canada and with senior officials from the International Affairs Division of Public Safety Canada, to deepen ties.

  • State Investigation Agency formed in J&K for speedy probe in terror-related cases

    By PTI

    SRINAGAR: A State Investigation Agency has been constituted within the Jammu and Kashmir Police for speedy investigation and prosecution in terror-related cases as well as coordinating with central agencies, officials said on Tuesday.

    The Jammu and Kashmir home department in an order issued on Monday said the State Investigation Agency (SIA), which will be headed by a director, will be mandated to probe terror offences like terror finance and false propaganda and those under the Unlawful Activities (Prevention) Act (UAPA).

    The SIA will be coordinating with the National Investigation Agency (NIA) and other central agencies, and will take all measures, as may be necessary, for speedy and effective investigation and prosecution in terrorism-related cases, the order said.

    The Counter Intelligence units of Kashmir and Jammu, both under the CID department of the police, will also be the police stations under the new SIA for registering of terror-related cases, it said.

    The CID chief will be the ex-officio director of the SIA, the order said, adding a special incentive of 25 per cent of the basic pay shall be paid to the employees who are posted in the SIA.

    According to the order, in-charge of police stations will mandatorily intimate the SIA immediately upon registering a terror-related case and about any such cases where any terrorism linkage surfaces during the probe.

    If any case is not taken by the NIA, the director general of police (DGP), having regard to the gravity of the offence and progress of the probe, will determine in consultation with SIA whether it is fit to be investigated by the agency and transfer the probe, it said.

    “However, if there is a difference of opinion, the DGP shall take a decision, while recording the reasons in writing,” the order said.

    If the case is not handed over to the SIA and local police continue to probe it, the police headquarters will ensure that the SIA at regular intervals, preferably on fortnightly basis, is informed about the progress of investigation, it said.

    Giving an edge to the SIA, the order said if the agency is of the opinion that an offence related to the scheduled crimes has been committed, it can register an FIR keeping the DGP informed.

    Scheduled crime, which have been kept in the list of the SIA, include those registered under the Explosive Substances Act, the UAPA and the Atomic Energy Act. Anti-hijacking, terror conspiracy, terror financing and terrorism-related to narcotics, terrorism-related to kidnaping and murder are also among scheduled crime cases.

    Among other offences mentioned in the scheduled offences of the SIA are terrorism linked thefts and extortions, ATM and bank robbery cases, terrorism-linked weapon snatching and robbery cases and cases related to propaganda, creating false narrative, large scale incitement, spreading disaffection, enmity against the Indian union.

  • NIA arrests two more people in terrorism conspiracy case in J&K, total 25 held so far

    By PTI

    SRINAGAR: The National Investigation Agency (NIA) arrested two more people in connection with its ongoing probe into a terrorism conspiracy case in Jammu and Kashmir, officials said on Sunday.

    The fresh arrests take to 25 the number of people arrested from different parts of Kashmir in connection with the case in nearly three weeks.

    Ishfaq Ahmad Wani of Srinagar and Umar Bhat of Sopore in Baramulla district were arrested during searches by the NIA on Saturday, a spokesperson of the agency said.

    “Preliminary investigation has revealed that the arrested accused persons are terror associates/OGWs (Over Ground Workers) of various proscribed terrorist organisations and have been providing logistical and material support to terrorists,” the spokesperson said.

    The NIA registered the case on October 10 with regard to a conspiracy to undertake violent terrorist acts in Jammu and Kashmir and other major cities by cadres of terrorist organisations Lashkar-e-Taiba (LeT), Jaish-e-Mohammed (JeM), Hizb-ul-Mujahideen (HM), Al Badr and their affiliates such as the Resistance Front (TRF) and the People Against Fascist Forces (PAFF).

    Three days after the registration of the case, the NIA carried out searches at 18 locations in Kashmir Valley and arrested nine terror associates.

    Four more arrests were made during searches at 11 locations on October 20.

    On October 22, eight more terror operatives were arrested during searches at 10 locations, while two more arrests were made on October 29.

  • NIA raids multiple locations in J-K in Jamaat-e-Islami case

    By ANI

    NEW DELHI: In its ongoing investigation against the outlawed Jamaat-e-Islami (JeI) group in a terror funding case, National Investigation Agency (NIA) on Wednesday carried out searches at the residential premises against its cadres in Jammu and Kashmir.

    The NIA conducted the search operation along with Jammu and Kashmir Police and Central Reserve Police Force (CRPF) from 6 am.

    The fresh set of searches is conducted on the premises of JeI cadres and their supporters across Jammu and Kashmir.

    These raids are in continuation to the anti-terror agency’s 61 raids conducted by its sleuths on August 8 and August 9 in Srinagar, Budgam, Ganderbal, Baramulla, Kupwara, Bandipora, Anantnag, Shopian, Pulwama, Kulgam, Ramban, Doda, Kishtwar and Rajouri districts in Jammu and Kashmir.

    Sources said that these searches were carried out after the NIA investigator found “some more leads” in connection with the case during last month questioning of over a dozen JeI suspects linked to the banned organisation.

    The NIA examined over a dozen JeI suspects for over a week at the agency headquarters here last month.

    Those JeI suspects examined by the NIA sleuths belonged to Ganderbal, Srinagar, Kupwara, Bandipora, Rajouri and Doda districts, the sources said.

    “We are looking for some more people linked to the JeI case and they will be summoned very soon as the examination is an ongoing process,” said the officials.

    The NIA is now engaged in “building up” the case as the suspects being questioned are among those JeI cadres whose residential premises were raided by the NIA sleuths during its August 8 and August 9 raids at the 61 locations in 14 districts in Jammu and Kashmir in the terror funding case.

    The NIA along with Jammu and Kashmir Police and CRPF had conducted searches at 56 locations on August 8 at 14 districts of Jammu and Kashmir. In continuation of the searches, the NIA sleuths further conducted searches at five more locations on August 9.

    The searches included the premises of office bearers of the JeI, its members and also offices of trusts purportedly run by the proscribed organisation. Various incriminating documents and electronic devices were seized from the premises of the suspects.

    JeI is an unlawful association under the Unlawful Activities (Prevention) Act. Ministry of Home Affairs (MHA) banned the organisation on February 28, 2019.

    The case was registered against by NIA on February 5 this year in pursuance of to order from MHA relating to separatist and secessionist activities of JeI even after its proscription.

    NIA investigation has so far revealed that the members of JeI have been collecting funds domestically and abroad through donations particularly in the form of Zakat, Mowda and Bait-ul-Mal purportedly to further charity and other welfare activities but these funds are instead being used for violent and secessionist activities.

    The funds raised by JeI are also being channelised to proscribed terrorist organisations such as Hizb-ul-Mujahideen (HM), Lashkar-e-Taiba (LeT) and others through well-organised networks of JeI cadres.

    JeI has also been motivating the impressionable youth of Kashmir and recruiting new members (Rukuns) in Jammu and Kashmir to participate in disruptive secessionist activities.

  • Mundra Port drug haul: Afghan national remanded in NIA custody for three days

    By PTI

    AHMEDABAD: A special court here has remanded an Afghan national in the NIA’s custody for three days in connection with a case pertaining to the seizure of 2,988 kg of drugs at the Mundra Port in Gujarat last month.

    Mohammed Khan, an accused in the Rs 21,000-crore heroin seizure case, was on Monday sent in the NIA’s custody by special judge Shubhada Baxi, after he was brought here from Patiala on a transit warrant.

    The special NIA court granted three-day remand of Khan to the National Investigation Agency, as against four days sought by it.

    Earlier, on October 18, the court had sent three accused in the case to the NIA’s custody for 10 days.

    The three accused included M Sudhakaran and Durga Vaishali, who allegedly ran the Vijayawada-registered M/s Aashi Trading Company which had imported a consignment of ‘talc stones’, and Rajkumar P.

    “Khan’s name was revealed during the investigation into the case, and a lookout notice was issued against him. He was detained by authorities at the Delhi airport while he was trying to escape from the country, and was handed over to the NIA and taken to Patiala,” said Amit Nair, the special public prosecutor for the NIA.

    The case relates to the seizure of heroin, disguised as a consignment of semi-processed talc stones originating from Afghanistan, which had arrived at the Mundra Port from Bandar Abbas Port in Iran.

    The case was initially investigated by the Directorate of Revenue Intelligence.

    The Union Ministry of Home Affairs later transferred the investigation into the case to the NIA.

    The accused have also been booked under provisions of the Unlawful Activities Prevention Act (UAPA), and the NIA is conducting a probe to unearth a larger conspiracy behind the seizure.

    On September 13, the DRI detained two containers that had arrived at the Mundra Port from Kandahar in Afghanistan via Bandar Abbas Port of Iran.

    The declaration accompanying the containers claimed they contained “semi-processed talc stones”.

    On September 17 and 19, the DRI established that the two containers, in fact, contained heroin which was concealed in “the lower layers” of “jumbo bags” topped with talc stones.