NEW DELHI: The proposed ‘National Investigating Agency’ (NIA) and a more stringent Unlawful Activities (Prevention) Act, which has borrowed a few measures from the defunct Prevention of Terrorism Act (Pota), may become a reality soon with the United Progressive Alliance (UPA) government introducing the relevant bills in Parliament on Tuesday.

Faced with public anger and outrage in the aftermath of the Mumbai terror attacks, the UPA introduced the National Investigation Agency Bill, 2008, and the Unlawful Activities (Prevention) Amendment Bill in the Lok Sabha to set up a stricter mechanism to deal with terrorism. The Union cabinet had approved the two legislations on Monday.

The bill to create the NIA is expected to be passed on Wednesday with the main opposition BJP deciding to support it. “Though it is a reluctant and incomplete step, the BJP as a nationalist party will support this incomplete step,” senior BJP leader Arun Jaitley said.

The Left parties are also willing to examine the proposed law. CPI secretary D Raja said, “The party is ready to examine the question of setting up of (NIA)”, but it should not undermine the federal character of the country. “It should not encroach upon the powers of the state governments.”

Among the more stringent measures proposed to be included in the Unlawful Activities (Prevention) Act is a maximum detention of 180 days, instead of the current 90 days, and no bail for a suspected terrorist of foreign origin.

Also, Indians accused in terror-related cases will not be granted bail until the court hears the public prosecutor’s arguments.  

In comparison to Tada and Pota, the amended law proposes to redefine terrorism. It also has a provision to act against anyone found collecting money for supporting terrorism or assisting in the setting up of terror training camps.

The bail provisions have also been further tightened with judges having the discretion to refuse bail if they are convinced about a terrorist act.

On the culpability of the terror accused, the bill provides that the court shall presume, unless the contrary is shown, that the accused has committed an offence for which he has been arrested, including possession of arms or explosives, with a belief that these or such substances were used in committing the terrorist act.

But the bill is silent on the issue of confessional statements by the accused. This was a key part of Pota. “The efficacy of the new law would be in jeopardy as it makes no mention of confessions,” Jaitley said.

The bill, however, states that every offence punishable under the Unlawful Activities Act would be construed to be a cognizable offence, giving police the right to register a first information report, investigate, and arrest an accused without a court warrant.

The NIA Bill provides for setting up of special courts for speedy trial of terror-related cases. The hearings of such cases would be held on a daily basis. If required, the hearing could be held in camera. Any case pending in any special court could be transferred to any other special court.

Taking care of the states’ sensitivity on law and order, the bill states that no provision of the new law shall affect the powers of state governments to investigate and prosecute any scheduled offence.