Supreme Court Upholds NIA’s Jurisdiction in Terrorism Case Investigation

The Supreme Court of India, in the case of Naser Bin Abu Bakr Yafai v. The State of Maharashtra & Anr., addressed a significant issue concerning the jurisdiction of the National Investigation Agency (NIA) and the continuation of investigations by state agencies after the central government has taken over. The case, Criminal Appeal No. 1165 of 2021, arose from an appeal challenging the Maharashtra government’s notification allowing the state’s Anti-Terrorism Squad (ATS) to continue its investigation even after the NIA was directed to take over. The Supreme Court, in its judgment dated October 20, 2021, delivered by Dr. Dhananjaya Y Chandrachud, Vikram Nath, and BV Nagarathna, upheld the continuation of the investigation by the ATS Nanded and ruled that the jurisdiction of the Chief Judicial Magistrate (CJM), Nanded, was valid until the NIA formally took charge.

Background of the Case

The case originated when an FIR was registered on July 14, 2016, under Sections 120-B and 471 of the Indian Penal Code (IPC) read with Sections 13, 16, 18, 18-B, 20, 38, and 39 of the Unlawful Activities (Prevention) Act (UAPA), and Sections 4, 5, and 6 of the Explosive Substances Act, 1908. The FIR was filed based on intelligence received by the ATS, indicating that the accused were in contact with members of Islamic State (ISIS) and were allegedly planning terrorist activities.

Following the investigation, the Maharashtra government, through a notification dated August 26, 2016, designated the CJM, Nanded, as the remand court and the Additional Sessions Judge (ASJ), Nanded, as a Special Court to try cases filed by the ATS Nanded. However, on September 8, 2016, the Ministry of Home Affairs directed the NIA to take over the investigation under Section 6(4) of the NIA Act, 2008. The NIA Mumbai renumbered the case on September 14, 2016.

Key Issues Before the Court

Whether the ATS Nanded had the legal authority to continue its investigation after the NIA was directed to take over.
Whether the CJM, Nanded, had jurisdiction to remand the accused and commit the case for trial to the ASJ, Nanded.
Whether the charge sheet filed by the ATS Nanded was legally valid after the case had been assigned to the NIA.

Petitioner’s Arguments

The appellant, Naser Bin Abu Bakr Yafai, contended that:

The NIA Act mandates that once the central government assigns a case to the NIA, state agencies lose their jurisdiction over the investigation.
The ATS Nanded had no authority to continue its investigation after September 14, 2016, when the case was renumbered by the NIA.
The CJM, Nanded, had no jurisdiction to take cognizance of the charge sheet and commit the case for trial to the ASJ, Nanded, as the case should have been transferred to an NIA Special Court.
The ATS’ continued investigation after the NIA’s takeover violated Section 6(6) of the NIA Act, which bars state agencies from investigating once the NIA has taken charge.

Respondent’s Arguments

The Maharashtra government and the NIA countered that:

The ATS Nanded had continued the investigation in compliance with Section 6(7) of the NIA Act, which states that state agencies must continue their investigation until the NIA formally takes over.
The NIA Mumbai only formally took over the case on December 8, 2016, when it received the case records from the ATS.
The ATS had the legal obligation to continue the investigation until the case records were handed over.
The CJM, Nanded, had the jurisdiction to remand the accused and commit the case for trial, as no NIA Special Court had been constituted in Maharashtra at the time.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the Maharashtra government and the NIA, holding that:

The ATS Nanded was legally justified in continuing its investigation under Section 6(7) of the NIA Act until the NIA formally took over the case on December 8, 2016.
The CJM, Nanded, had the jurisdiction to remand the accused and commit the case for trial, as there was no designated NIA Special Court in Maharashtra at the time.
The filing of the charge sheet by the ATS Nanded on October 7, 2016, was valid since the NIA had not yet formally assumed control.
The Bombay High Court correctly ruled that the trial should be transferred to the NIA Special Court, Mumbai, once the NIA formally took over.

Key Extract from the Judgment

“The provisions of Section 6(7) of the NIA Act mandate that the officer in charge of the police station shall continue the investigation till the NIA formally takes over. The ATS Nanded was under a statutory duty to continue its investigation until December 8, 2016, when the case was officially transferred to the NIA.”

Final Verdict

The Supreme Court dismissed the appeal of Naser Bin Abu Bakr Yafai.
The judgment of the Bombay High Court dated July 5, 2018, was affirmed.
The case was transferred to the NIA Special Court, Mumbai, for trial.

Impact of the Judgment

This ruling has far-reaching implications for terrorism-related investigations and the jurisdiction of investigative agencies. The decision:

Clarifies that state agencies must continue investigations until the NIA formally assumes charge.
Affirms that charge sheets filed before the formal takeover of the NIA remain legally valid.
Reaffirms the jurisdiction of CJMs and ASJs in handling cases where no designated NIA Special Court exists.
Ensures that national security investigations are not hindered by procedural delays in handing over cases to the NIA.

This case sets a critical precedent for future cases involving the interplay between state investigative agencies and the NIA in terrorism-related matters.

Petitioner Name: Naser Bin Abu Bakr Yafai.
Respondent Name: The State of Maharashtra & Anr..
Judgment By: Justice Dhananjaya Y Chandrachud, Justice Vikram Nath, Justice BV Nagarathna.
Place Of Incident: Nanded, Maharashtra.
Judgment Date: 20-10-2021.

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