• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Tuesday, June 23, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Top News

Validity of NIA Act in JK: High Court seeks response from Centre

K H News Service by K H News Service
July 11, 2019
in Top News
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: The Jammu & Kashmir High Court has directed the Union Home Ministry, the National Investigation Agency (NIA) and the J&K Government to submit its objections to a plea questioning the functioning of the NIA in the State.
Mushtaq Ahmad Khan, father of Haris Mushtaq Khan, 24, a resident of the Gopalpora village of Wathoora in Budgam, who was arrested by the NIA, has filed a writ petition questioning the NIA Act and its implementation in J&K.
Hearing the plea of Mr. Khan, Justice Tashi Rabstan, heading a Bench, issued notices to the Union of India through its Secretary to Government, Ministry of Home Affairs; Director General, NIA; Investigating Officer concerned NIA Jammu & Kashmir State; Principal Secretary to the government Home Department, J&K; and the Station House Officer of Kothi Bagh, Srinagar.
Mr. Khan’s son was arrested on November 24, 2018 and was lodged in the District Jail, Jammu, “even though the offence was alleged to have taken place at Srinagar”. “The NIA Act is ultra vires to the Constitution of Jammu & Kashmir as the Parliament of India lacked legislative competence of such an enactment, which otherwise falls within the exclusive legislative domain of the State of Jammu & Kashmir,” advocate Salih Pirzada pleaded before the Bench on Tuesday.
The advocate argued that the NIA Act “manifestly encroaches upon the exclusive legislative domain of the J&K and is thus beyond the legislative competence of the Parliament, hence liable to be declared ultra vires.” The plea also questioned the suo moto transfer of cases to the Director General, NIA.
The petition also highlighted that the legislature of the State of J&K was “conferred exclusive authority for exercising legislative control over the creation or calibration of a special procedure by way of an enactment”.
“The Central government cannot employ any enabling legislative entry to dilute the exclusive legislative domain of Jammu & Kashmir and be deemed ultra vires to the Constitution of Jammu & Kashmir as well as the Constitution of India,” Mr. Salih said.
It also questioned the suo moto transfer of cases to the Director General, NIA, and Investigating Officer concerned, NIA, J&K State, “circumventing the reference by the State government”.
‘Special procedure’
“It’s in departure of the routine procedure exercised. The NIA Act creates a special procedure for investigation and prosecution. The regulation or modulation of such a procedure has not been alienated to the Union Parliament and thus the Legislature of the State of J&K has been conferred exclusive authority for exercising legislative control over the creation or calibration of a special procedure by way of an enactment,” Mr. Salih added.
He said the usurpation of the legislative powers by the Central government is precluded by the Constitution of J&K and also by Article 246, as applicable to the State of J&K. “The Central government cannot employ any enabling legislative entry to dilute the exclusive legislative domain of the State of J&K,” the plea said.

K H News Service

K H News Service

Related Posts

LG Sinha Pays Obeisance at Mata Kheer Bhawani Temple on Jyeshtha Ashtami

At Kheer Bhawani Mela, Pandits seek support of locals for return home
by K H News Service
June 23, 2026

Offers prayers for peace, prosperity and well-being of J&K people Assures foolproof arrangements for devotees during annual Mela Interacts with...

Read moreDetails

At Republic Summit, Modi Outlines India’s Path to Global Power

PM Modi’s 12-Year Mega Milestone: Empowering A Billion Dreams
by United News of India
June 23, 2026

“Nearly 25 Cr Lifted Out of Poverty, Creating a New Neo-Middle Class” “Jan Aushadhi Kendras, Senior Citizen Schemes Drastically Reducing...

Read moreDetails

AI, modern technologies reshaping classrooms: LG Sinha

AI, modern technologies reshaping classrooms: LG Sinha
by K H News Service
June 23, 2026

• Felicitates Meritorious Students at Amar Ujala Medhavi Chhatra Samman Samaroh • Students urged to pair brilliance with compassion, innovation...

Read moreDetails

At Kheer Bhawani Mela, Pandits seek support of locals for return home

At Kheer Bhawani Mela, Pandits seek support of locals for return home
by Irfan Yattoo
June 23, 2026

• Tears, Prayers define emotional gathering at Tulmulla shrine • Community Says “Trust, coexistence key to rehab” Tulmulla: Tears rolled...

Read moreDetails

Indian Wushu Team Calls on CM Omar ahead of SCO Wushu Championship

Indian Wushu Team Calls on CM Omar ahead of SCO Wushu Championship
by K H News Service
June 23, 2026

Srinagar :The Indian Wushu Team, led by National Chief Coach of India and Dronacharya Awardee, Kuldeep Handoo called on Chief...

Read moreDetails

Farooq, Sat Sharma, Koul, Mehbooba visit Mata Kheer Bhawani Shrine

Farooq, Sat Sharma, Koul, Mehbooba visit Mata Kheer Bhawani Shrine
by K H News Service
June 23, 2026

Leaders offer prayers, interact with devotees, Says “Mela a symbol of Kashmir’s heritage” G’bal : National Conference President, Dr Farooq...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW