O Hindus ! Understand the Rights and Limitations of NIA

O Hindus ! Understand the Rights and Limitations of NIA

   Officials of National Investigation Agency (or Hindu Oppressing Agency !) have been unjustly torturing Sanatan seekers for many days now. You have been reading about it in Sanatan Prabhat. Sanatan seekers are being tormented today; tomorrow other devoted Hindus, and later every innocent citizen will be subjected to similar torment. This is because times are going from bad to worse. To be able to face this torment, we are going to understand some aspects through this article.   A. National Investigation Agency (NIA) was established in 2008 after the terrorist attacks on Mumbai, to investigate such terrorist acts and to prevent related terrorist activities. This Agency was established a law, which was approved by the Parliament. Hence, no official has the authority to supercede the provisions of this law.
    This law also provides a list of criminal activities which the National Investigation Agency can investigate. The Agency can investigate criminal activities under the following Acts.   B1. Atomic Energy Act 1962   B2. Unlawful Activities Prevention Act 1967   B3. Anti-hijacking Act 1982   B4. Suppression of Unlawful Acts against Safety of Civil Aviation Act 1982 (Law relating to civil aircraft traffic)   B5. SAARC Convention (Suppression of Terrorism Act 1993)   B6. Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms for Continental Shelf Act 2002  B7. The Weapons of Mass Destruction and their Delivery Systems (preventing unlawful activities) Act 2005   B8. Clauses 121 to 130 of Section 6 and 489-A to 489-E of Indian Penal Code (Waging war against the Nation or action against friendly Nations or printing and distribution of fake currency)   C. Additional powers of NIA :    Under the provisions of the Indian Penal Code, no Police official is permitted to carry out independent investigations beyond the area of his jurisdiction. Officials from a Police station at Kolhapur cannot investigate or arrest an accused from Solapur. He can do this only with the cooperation of the Solapur Police. However, the officials of NIA have been given powers by law of being the Chief Officer of the Police station where they are currently stationed. Hence, they can investigate or even arrest anyone.   D. Restrictions on NIA by law   D1. To call a person for inquiry, they have to issue a written notice under Section 160.   D2. Inquiries of women or children below 15 years of age should be done in their houses and not in the Police station.   D3. Inquiry of women should be done by women authorities only. Medical checking of women should be done by women  medical authorities only.   D4. Before arresting a person, NIA officials must inform him that he has the right to inform one person about his arrest.   D5. It is mandatory under the law that the Police ‘diary’ contain the name of the person being arrested, the name of the person who has been informed about the arrest, the name of the Police official in whose custody the arrested person is.   D6. A memorandum of the arrest must be prepared and one witness must be present : When an accused is arrested, he can demand a medical check-up. The ‘Panchanama’ prepared after the check-up must have signatures of the accused and the Police official.   D7. After arrest, the accused must be produced before the local Court before being taken into Police custody.   D8. Giving permission to the lawyer of the accused to be present during investigations.   If a person has been arrested by NIA under the ‘Unlawful Activities Prevention Act 1967’, then he can be booked under stricter provisions of the law. The law is applicable to activities such as a bomb blast or causing social disturbance or instigating trouble between two communities. Arrest under this law results in Police custody of 30 days (usually it is 15 days). If the Police do not file a case within 60 days of the arrest, usually one can get bail, but in this case the period is 90 days.   Criminal cases can be registered for any crime within the provisions of this law. Hence, officials can personally investigate and arrest people under otherwise seemingly simple crimes. Of course, Sanatan seekers have absolutely no connection with the Madgaon blasts. Hence, NIA can do nothing other than investigate.   Information on the following website can be given to the officials of NIA, thereby informing them how they are misusing their rights to create a suppressive regime : http://www.sanglipolice. org/sanglipolice_html_files/rights_of_arrested_person.htm   In what manner will the NIA  conduct investigation of seekers ?   NIA can go to Sanatan seekers only for the following reasons :   1. To investigate the Madgaon bomb blast. (This matter is being investigated by NIA. Investigations on other bomb blasts are also with them; but there is suspicion about Jihadi organisations conducting these blasts. Hence, the possibility of investigations of seekers/supporters appears to be minimal.)   2. Under Clauses 153-A or 153-B of the Indian Penal Code (Creating or attempting to create rift between two communities, religions or sects), if any criminal activity has taken place and a report on it has been sent by the State Government to the Central Government and then the Central Government has sent it to the NIA giving it orders to investigate.   Other than these reasons, if officials of NIA approach seekers for inquiry, they are not bound to give any information before understanding the authority of the officials. Seekers can ask the officials about their intent in a very humble manner.(Ref. : ‘Dainik Sanatan Prabhat’)