Though there are demands for NIA investigations into the encounter killing of the suspected SIMI operatives, and Madhya Pradesh Chief Minister Shivraj Singh Chouhan having already announced a probe by it into the jailbreak incident, the central agency is not going take up the cases any time soon. Legally, the NIA has no jurisdiction to probe the two incidents as they are not scheduled offences on their own.
Agency sources said the NIA can investigate the case only if the MP Police find evidence that the SIMI operatives were being helped by a terror group from outside or were supplied arms or other assistance during or before the encounter.
“If the FIR into the two incidents mentions any outside support in the form of a terror group, only then the NIA can take up the case. Or there is something to show that the inmates escaped to launch a terror attack. The NIA Act says we can only probe scheduled offences. The CBI, though, can probe in all circumstances,” an NIA officer said.
Home Ministry sources said a decision will be taken by the government after it receives a written request for a probe into the jailbreak incident from the state government. The decision will be taken based on contents of the FIR, a source said.
Despite demands for a probe into the encounter, the state government refused to order an NIA probe into it as it believes the encounter to be genuine. The state government has, however, expressed intentions to hand over the jailbreak probe to the NIA.