As it is notified under the National Investigation Agency Act, 2008 (hereinafter referred to as “NIA Act, 2008”) the cases that are involved under the offence which fall under the NIA Act, 2008 are to be moved to the Special Court. The Madras High Court has expressed its view regarding the difficulties caused by moving the cases to the Special Court.
As Explosive substances are also scheduled under the NIA Act, 2008 every case which is involving the offences under the Explosive Substances Act, 1908 will move to the Special Court under the NIA Act, 2008. Taking this framework into consideration, the Madras High Court stated that routinely the Explosive Substances Act, 1908 is invoked in the state of Tamil Nadu. The gangsters are using the knife to country bombs rather than using the traditional weapons as they are difficult to carry. The court said that 139 FIR’s have been filed under the Explosive Substances Act, 1908 in 2019.
The bench consisting of Justice PN Prakash, Justice V Sivagnam, and Justice RN Manjula followed the Supreme Court verdict as in the case of Bikramjit Singh versus. The state of Punjab wherein the apex court held that the orders relating to Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA Act, 1967”) even if they were investigated by the state police can be challenged only by the way of appeal under the NIA Act, 2008. The bench also underlined the problems and difficulties created by the interpretation of the NIA Act, 2008 or UAPA Act, 1967.
Subsequently, the petitioner’s counsel contended that the Explosive Substances Act, 1908 fall under the NIA Act, 2008 wherein, the reports which have been filed before the sessions court regarding the usual country bomb are invoked under UAPA Act, 1967 nevertheless if the state Police follow the mandates of NIA Act, 2008 all the FIR under the Explosive Substances Act, 1908 should be intimated to the Central Government.
By doing this, the Central Government will have numerous cases from various other State Governments over all countries and the Central Government has to decide upon case to case as to which cases should be moved to NIA and as to cases that have to be left to the State police itself.
