The Congress-led Chhattisgarh Government moved the Supreme Court on Wednesday seeking the UPA-1 era National Investigation Agency (NIA) Act be declared unconstitutional and arbitrary on the ground that it affects the State’s sovereignty and confers unbridled power on the Centre.
The then Manmohan Singh Government had come out with the law in the aftermath of the November 26, 2008, Mumbai attack, when Congress leader P Chidambaram was the Union Home Minister.
The legislation provides NIA concurrent jurisdiction to probe terror attacks in any part of the country without any specific permission from states and in the last one decade it has been involved in the investigation of all such cases.
The Chhattisgarh government has filed the original suit under Article 131 of the Constitution which empowers a state to move the Supreme Court directly in matters of dispute with the Centre or any other State. It is the first state to challenge the Act.
The move comes a day after the Kerala government challenged the Citizenship Amendment Act under the same Article 131.
The filing of petition assumes importance as the Bhupesh Baghel led Congress government in the state has challenged the law on the ground that it was for the police to investigate scheduled offences in the State.
It also assumes significance as the state government is challenging the law passed by Parliament when Congress led the central Government.