Composition, Jurisdiction and Powers of Special NIA Courts

National Investigation Agency (NIA) is a central agency established to combat terror and act as Central Counter terrorism Law Enforcement Agency. It was established after the 2008 Mumbai terror attacks with the enactment of National Investigation Agency Act, 2008. The agency aims to match the best international standards in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. The agency has concurrent jurisdiction to deal with terror related crimes across states without obtaining special permission from the states. apart from covering offences that are challenges to the sovereignty and integrity of the country, it also probes counterfeit currency, human trafficking, organized crime, violatins of atomic energy act etc.

Special NIA Courts

Various Special Courts have been established under Section 11 and 22 of the NIA Act 2008 for trail of the cases registered at various police stations of National Investigation Agency. The Central Government has the power to constitute one or more Special NIA courts in an area. As of now, there are 38 Special NIA Courts.

Composition

The Special NIA Courts are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region.

Jurisdiction

Central government decides any question as to the jurisdiction of these courts. Special Courts are capable of trying only those offences committed under its jurisdiction. The Supreme Court can transfer a case pending before a Special Court to any other Special Court within that State or any other State in some exceptional cases where it is not feasible to conduct peaceful, fair, impartial and speedy trial. Similarly, High Court has the power to transfer a case pending before a Special Court in a State to any other Special Court within that State.

Powers of the Special Courts

As per the NIA Act, 2008, the NIA Special Courts have all powers of the court of sessions under Code of Criminal Procedure, 1973. Trials conducted by the Special NIA Courts have precedence over the trail of any other case against the accused in any other court.

Appeals

An appeal to the judgment, sentence, order of a Special Court lies to the High Court and such appeals may be heard by a division bench of two judges.

Famous cases handled by NIA Courts

Malegaon blasts case

The Malegaon blasts were a series of bomb blasts that took place in Malegaon in 2006. It resulted in the death of 37 people. Hindu extremist group Abhinav Bharat has been charge sheeted in this case.

Samjhauta Express bombing

Samjhauta Express case is related to the terror attack that occurred on the Samjhauta Express on 2007