By Purushottam P. Khatri
Kathmandu, Jan. 3: India has its Research and Analysis Wing (RAW) as its foreign intelligence agency, Pakistan has Inter-Services Intelligence (ISI), the USA has Central Intelligence Agency (CIA) and Israel has MOSSAD.
Nepal doesn’t have a foreign intelligence agency till date although it has National Investigation Department (NID), established in 1962, having longer history than that of India’s RAW. However, jurisdiction of NID is limited within the country.
Till date, Nepal has no any agency and legal provision for carrying out foreign intelligence activities. But the government of Nepal is soon having its own such agency to conduct foreign intelligence. In this regard, a bill related to integration and amendment of Nepal Special Service Formation and Operation-2019 was tabled at the House of Representatives in November last year.
The bill has a provision of establishing a foreign intelligence wing.
On behalf of Prime Minister KP Sharma Oli, Finance Minister Dr. Yuvaraj Khatiwada on Monday tabled the bill at the National Assembly. The bill was first registered at the NA on December 11, 2019.
Speaking at the Monday’s scheduled meeting of the NA, Minister Dr. Khatiwada explained that a necessity was felt to amend and integrate the bill for protecting Nepal’s foreign relations with others, control possible espionag act undertaken from foreigners against the country, efforts towards sabotage against, and subversion of Nepal’s security, integrity and sovereignty by staying in Nepal’s territory.
“We need to develop our counter-intelligence capability in the country to control possible espionage from any foreign informant for safeguarding the nationality, national integrity and sovereignty,” Minister Khatiwada said.
The bill has a provision of identifying and developing a separate mechanism for the active intelligence agencies and individuals working in Nepal.
The bill has described counter-intelligence meaning as an activity aimed at countering espionage, and sabotage efforts from any foreign country and unit to make it completely defunct.
Majority of the countries across the globe have separate bodies for carrying out counter intelligence at home and abroad.
The section 9 of the bill has provisioned of setting up of a counter-intelligence unit as a special office unit under the NID.
Under the Section 10, the bill has also a provision of conducting surveillance, monitoring, and intercepting any critical information that are relayed from any means of communication and electronic devices such as audio, visual or only from signal from the monitored persons, agencies and public means of commination.
Also, the Section 11 has a provision of forming one central directive committee to be headed by Prime Minister for formulation of policy, provide guidance and instruction by the executive body.
In the bill’s section 12, it has also envisaged about establishing a central intelligence coordination committee headed by Chief Secretary for the deployment of intelligence body, their coordination.
Meanwhile, a Nepali Congress leader has put forth his reservation regarding the Section 10 of the bill.
The NC leader claimed the provision mentioned in the section 10 would breach the people’s rights to privacy, and fundamental human rights of the citizens.
Meanwhile, security expert and Lieutenant General (Retd) of Nepali Army Balananda Sharma said that the provision of 10 won’t be considered as a breach of individual privacy and fundamental rights of the Nepali citizens. The provision only aims to nab the people, group or agency was found engaged in any suspicious activity that will harm or undermine nation’s integrity and sovereignty.
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