Supreme Court rejects West Bengal government’s appeal challenging NIA probe
The Supreme Court has rejected the West Bengal government’s appeal challenging the Calcutta High Court’s order to transfer the probe into six FIRs related to the violence on Ram Navami day to the National Investigation Agency (NIA). The three-judge bench, led by Chief Justice of India D Y Chandrachud, noted that the NIA Act gives the Centre the power to direct the NIA to investigate scheduled offences. The Centre had issued a notification on May 8, 2023, to exercise this power. The Supreme Court refused to interfere with the HC order, stating that the NIA’s investigation should not be anticipated or restricted at this stage.
Background
The Calcutta High Court had directed the Central government to transfer the investigation to the NIA based on a PIL alleging the commission of offences punishable under the Explosive Substances Act. The HC ordered that all FIRs, documents, materials seized, and CCTV footage be handed over to the NIA for investigation. The petitioners claimed that bombs were thrown at the rally, while the state government maintained that the police probe did not find any evidence of bombs being used. The state government argued that the HC’s direction would demoralize the police authorities.
Court’s Decision
The Supreme Court stated that its remit was not to decide on the sufficiency of the allegations or the veracity but to determine whether the exercise of discretion by the Union government under Section 6(5) of the NIA Act was extraneous. The court refused to intervene and upheld the HC order, emphasizing that the NIA’s investigation should proceed in accordance with the law without any restrictions.
Summary:
- The Supreme Court rejects the West Bengal government’s appeal against the NIA probe.
- The NIA Act gives the Centre the power to direct the NIA to investigate scheduled offences.
- The Calcutta High Court ordered the transfer of the investigation to the NIA based on a PIL.
- The Supreme Court refuses to interfere with the HC order and allows the NIA’s investigation to proceed without restrictions.
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