In a significant ruling, the Supreme Court on Monday expanded the investigative powers of the National Investigation Agency (NIA). The Court clarified that the agency’s powers are not limited to investigating only the offences listed in the schedule of the NIA Act or offences committed by accused individuals involved in those “scheduled offences.”
Key Points of the Supreme Court Ruling
The bench of Justices B V Nagarathna and N Kotiswar Singh interpreted Section 8 of the NIA Act, emphasizing that the NIA can investigate offences beyond the “Scheduled Offences” as long as they are connected to the scheduled offences under investigation.
- Holistic Interpretation of Section 8: The Court stated that while the NIA investigates a Scheduled Offence, it can also probe any other offence the accused may have committed, provided that the offence is linked to the Scheduled Offence.
- Scope of “Any Other Offence”: The Court clarified that the term “any other offence” in the provision is expansive and may or may not be listed in the NIA Schedule. However, it must have a connection to the Scheduled Offence under investigation.
- Case Background: The judgment was issued while upholding the Punjab and Haryana High Court’s decision to cancel bail granted to Ankush Vipan Kapoor, who was involved in a heroin smuggling racket from Pakistan worth ₹100 crore.
NIA’s Expanded Role in NDPS Cases
The NIA had been tasked with investigating the NDPS (Narcotic Drugs and Psychotropic Substances) cases after being entrusted with the probe into offences under the Unlawful Activities (Prevention) Act (UAPA). Since UAPA offences are listed as Scheduled Offences under the NIA Act, the Court ruled that the government’s action to assign the NIA these cases was in accordance with the NIA Act. The Court found a clear connection between the Scheduled Offences under UAPA and the NDPS cases.
Multiple-Choice Questions (MCQs):
- What did the Supreme Court ruling clarify regarding the powers of the NIA?
- A) The NIA can only investigate offences listed in the NIA Act.
- B) The NIA can investigate any offence connected to a Scheduled Offence.
- C) The NIA can investigate only those accused involved in Scheduled Offences.
- D) The NIA’s powers are restricted to offences under the NDPS Act.
- Which case did the Supreme Court rule on while expanding the NIA’s powers?
- A) The case of Ankush Vipan Kapoor, involved in a heroin smuggling racket.
- B) The case of a terrorist group operating in Kashmir.
- C) The case of illegal arms trafficking from Pakistan.
- D) The case of money laundering involving political figures.
- Under which Act are offences like those under UAPA listed as Scheduled Offences?
- A) Narcotic Drugs and Psychotropic Substances Act
- B) National Investigation Agency Act
- C) Prevention of Terrorism Act
- D) Indian Penal Code
- What was the NIA’s role in the heroin smuggling case involving Ankush Vipan Kapoor?
- A) NIA was tasked with investigating the NDPS offences.
- B) NIA was tasked with investigating the UAPA offences.
- C) NIA was asked to investigate the case after the Punjab and Haryana High Court’s ruling.
- D) NIA was not involved in the case.