While the CBI and ED are caught in a bitter stand-off between the Centre and Kerala government over the alleged misuse of central investigating agencies, it is the National Investigation Agency which has the maximum footprint in the southern state among all central agencies.
In Kerala, the NIA is probing more than 35 cases related to terror incidents, running of terror camps, smuggling of fake currency, Maoist activities and so on—one of the highest in any state. From the 2006 Kozhikode twin blast case, which the NIA took up soon in 2009 soon after its inception, to the now-notorious gold smuggling case, the NIA has got convictions in some cases while crucial trials are still going on in more than a dozen cases, involving those concerning ISIS terror modules and fake Indian currency networks.
Home Ministry sources say that even though the Kerala government recently withdrew "general consent” to the CBI for investigating cases in the state without its consent, it is relying heavily on the NIA to take up terror related investigations and bring the ongoing investigations to a logical conclusion.
The Kochi headquarters of the NIA has its hands full. ''We are considering opening more camp offices in the state and also [getting] a bank locker to store the proceeds of crime,” said an NIA official
During the ongoing investigation into the notorious gold smuggling case, the NIA seized 900 grams of gold from the key accused. “It was the first time the NIA seized gold and it was felt that the agency needs to open a bank locker in Kerala” said an official. This is also a first of its kind case under the stringent anti-terror Unlawful Activities (Prevention) Act, where gold has been used to cause economic instability in the country, according to the NIA.
Government sources said that the latest stand off between the Centre and state government does not impact NIA investigations, with good cooperation between the state police and central agency. Incidentally, Kerala DGP Lokanath Behera was one of the first officers in the NIA after the creation of the central agency in 2009. Behera takes his experience to the state where ISIS radicalisation, Maoist activities, and the cross border smuggling of fake Indian currency notes and narcotics have emerged as huge concerns for the state administration.
Moreover, unlike the CBI, which is limited in its powers under the Delhi Police Special Establishment Act, and the Enforcement Directorate, which requires a predicate offence under various laws of the Indian Penal Code to initiate its own investigations, the NIA Act mandates the central anti-terror agency to take up investigations in any state under the stringent UAPA.
Secondly, central investigating agencies like the CBI and Enforcement Directorate probe corruption and money laundering cases while the NIA deals with more serious national security concerns of terrorism and terror financing.
The NIA has recently opened its branch offices in Chandigarh and Ranchi adding to its presence in Guwahati, Kolkata, Kochi, Hyderabad, Mumbai, Raipur, Lucknow and Jammu with smaller camp offices operational at other places.
Even though the agency is trying to steer clear of any controversy and jurisdictional tussles in states, it can be recalled that when the NIA was set up after the 26/11 terror attacks, there were huge concerns of federal rights of states being infringed upon by the Centre. These allegations had been made by the opposition-ruled states when the previous UPA government was in power. The dust settled with the passage of the NIA Act in Parliament in 2009.
“When it comes to national security concerns and terror related crimes, the federal concerns of states do not apply,” said a home ministry official. “We hope that political slug-fest between Centre and states does not impact terror related investigations,” added the official.
