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Supreme Court Flags NIA FIR Power as It Seeks Replies in Act Challenge

The case could reset how India balances state policing powers with national terror investigations.

Overview

  • The bench, which issued notice Tuesday, asked the Centre, the NIA and the Kerala government to file counter-affidavits in four weeks with a rejoinder due two weeks later.
  • Justices Vikram Nath and Sandeep Mehta pressed the Union on whether the NIA can register an FIR without being a police station and sought any notifications that grant such authority.
  • The petition by Kerala advocate Mohammed Mubarak A. I., arrested in a 2022 PFI-linked case and bailed in June 2024, argues the law lets the Centre override state police powers.
  • The challenge targets Section 6(5), which lets the Centre order NIA probes on its own, and Section 8, which lets it investigate connected non‑scheduled offences, alleging violations of Articles 14, 20 and 21 and the federal scheme.
  • The court listed the matter for July 14 and de‑tagged related criminal appeals, as broader challenges to the Act and its 2019 amendments and High Court disputes over UAPA use continue.