J&K Govt Sets Up State Investigation Agency To Probe Militancy Cases

Barely a week after the Union Home Minister Amit Shah’s visit to J&K, the Jammu and Kashmir government Monday evening ordered the constitution of a special State Investigation Agency (SIA) for effective and speedy investigation and prosecution of militancy related cases in the Union Territory.

“Sanction is hereby accorded to the constitution of a specialized agency to be called the State Investigation Agency (SIA) for investigation and prosecution of the offences specified in this order,” reads the order issued by J&K home department under title “constitution of state investigation agency (SIA).

The order says “the SIA will be the Nodal Agency for coordinating with the National Investigation Agency (NIA) and other Central Agencies and shall take such measures as may be necessary for speedy and effective investigation and prosecution of terrorism related cases,”

“The CID, CIK and CID, CIJ, already notified as police stations vide notification bearing SRO-230 of 1977 dated 19.05.1977, shall also be the police stations for the purposes of registering and investigation of cases,” it reads.

The Home Minister Amit Shah visited Jammu & Kashmir last week. It was his first visit after the Central government revoked Article 370 on August 5 and 6, 2019, splitting the state of Jammu & Kashmir (that included Ladakh) and reducing its status to two Union Territories (UT), Jammu & Kashmir and Ladakh. The Home Minister chaired a security review meeting in Jammu and Kashmir during his visit and also addressed security personnel at Pulwama. He also during his address to youths at the SKICC gave a roadmap for J&K saying first delimitation exercise will complete, it will be followed by the elections of J&K state Assembly and then statehood to J&K will be restored.

According to the order all the officers In-charge of the police stations will mandatorily intimate the SIA immediately upon registration of militancy related cases, including those specified in the order, and also about such cases where any militancy linkage surfaces during the investigation.

“Wherever, upon intimation under section 6 of the National Investigation Act, 2008, the investigation is not taken up by the NIA, the DGP, J&K shall, having regard to the gravity of the offence, progress of investigation and other relevant factors, determine in consultation with the SIA whether the case is fit to be investigated by SIA & transfer the investigation of the such case at any point of time during its investigation; however, if there is difference of opinion, the DGP shall take a decision, while recording the reasons in writing,” it reads.

In such cases, where the investigation is not transferred to the SIA, the PHQ shall ensure that the SIA is kept informed about the progress of investigation at regular intervals, preferably on fortnightly basis, the order says.

The order says where the SIA is of the opinion that an offence specified that a case is fit to be investigated by it, the SIA will register an FIR, suo motu, while keeping the DGP, J&K informed. “The SlA shall also be the agency for investigation and trial of offences in cases which are transferred to the state Government in terms of section 7 of the National Investigation Act, 2008.”

It reads that the head of CID wing shall be the ex-officio Director of the SIA and the Director SIA shall, to the extent it pertains to the functioning of the SlA, exercise such powers as may be specified by the Government from time to time.

It further reads that a special incentive of 25 percent of the basic pay shall be paid to the employees who are posted in the SIA.

The Home Department of J&K issued another order granting special security allowance to Special Operation Group and Bomb Disposal Squad. The Special Operations Group is the anti-militancy wing of Jammu and Kashmir Police and is involved in almost all anti-militancy operations across Jammu and Kashmir.

The order states that combatants (operational staff) would get 25 % of basic pay as Special Security Allowance (SSA) and non-combatants (non-operational) 12.5% of basic pay as SSA.
The Home department also ordered that hardship allowance of SOG and BDS will be the same as that paid to all the police personnel.

Jammu and Kashmir government had increased the hardship allowance of police personnel by two per cent of their basic pay in 2019.

In August 2019, the state administrative council (SAC), under the chairmanship of then Governor Satya Pal Malik, had increased the hardship allowance of police personnel from eight per cent to 10 per cent.