Jammu and Kashmir National Conference has opposed the NIA Amendment bill 2019 in the Parliament, saying the Proposed Amendment bill infringes upon the people’s right to liberty and life.
Participating in the debate Member of Parliament from Anantnag Hasnain Masoodi said the Parent Act of 2008 was not in tune with the fundamental right of life and personal liberty, “The amendment sufferers from the same flaw. The Article 21 while guaranteeing right to life and personal liberty provides that a person can be deprived of life and personal liberty in accordance with procedure established by law and such procedure must be just, fair and reasonable,” he said adding, “The three fundamental principles are to be taken care of at the stage of investigation, trial as also sentence and its mode of execution. In case of NIA Act wide and unbridled powers were given to the Central Government to constitute the special court as per its choice. The wide and unguided Powers under NIA Act have prompted selective use of the Act and setting up of Special Courts as per choice and in an arbitrary manner. Resultantly the Act leaves scope for violation of the right of access to justice an integral part of right to life and personal liberty.”
Kashmir, Masoodi said is a ready example of such violation, where people who are prosecuted find it very difficult to get access to justice. “There is no court and justice seekers from far-flung areas are left without access to justice. While in case of other states the NIA Act is said to the trespass State list. In case of Jammu and Kashmir; there is no State list and all powers except those given by it to Centre belonged to State, there is a stronger case of non-application of NIA to State,” he said while participating in the debate.