The Supreme Court on Tuesday issued notices to the Centre, the NIA and others on a petition challenging the National Investigation Agency Act, 2008.
Observing that the questions raised by the petitioner were of vital importance, a bench of Justices Vikram Nath and Sandeep Mehta sought response on the plea from the union government and the NIA.
The plea has sought the setting aside of the 2008 NIA Act, claiming it was "violative" of Article 14 (equality before law) of the Constitution and beyond the legislative competence of the Centre.
The National Investigation Agency (NIA) was set up under the Act as a central counter-terrorism law enforcement agency in the wake of the 26/11 Mumbai attacks.
The court directed that a counter affidavit be filed by the respondents within four weeks and the petitioner would thereafter have two weeks to file the rejoinder affidavit.
Senior advocate Siddharth Dave, appearing for the petitioner, said 'police' falls under the State List.
He referred to various provisions of the 2008 Act, including Section 3 which deals with the constitution of the NIA.
"Without being a police station, can the NIA register an FIR?" the bench asked Additional Solicitor General Aishwarya Bhati, who was appearing in the matter.
Dave also referred to Section 6 (5) of the Act, which deals with the investigation of scheduled offences and says: if the Centre is of the opinion that a scheduled offence has been committed which is required to be investigated under this Act, it may suo motu direct the agency to probe it.
"You will have to assist us on the suo motu registration of FIR also," the bench told the law officer.
The top court, which said the questions raised before it were of vital importance, posted the matter for hearing on July 14.
(With inputs from PTI)