Duttapukur Explosions | 'Give Police Time To Complete Investigation': Calcutta HC Dismisses PIL For NIA Probe As Premature

The Calcutta High Court has dismissed a plea moved by the BJP’s Suvendu Adhikari seeking a probe by the National Investigation Agency (NIA) into the recent explosions that occurred at an allegedly illegal firecracker factory in Duttapukur, West Bengal on 27^th August.

In dismissing the PIL as premature, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:

“This incident occurred on 27^th August 2023, your representation makes it seem like it happened in 2020. It only happened day before yesterday. Immediately you are filing PIL, what is to be done? If investigation is not happening, some irregularities are there…but you are filing this enclosing newspaper cuttings for something that happened two days ago. Already investigation has been taken up by the State police, and thus this petition is premature. The police has to be allowed time to complete the investigation, and thereafter if any grievances are there, the petitioner can pursue the same. Petition stands dismissed.”

Appearing on behalf of the NIA, DSG-I Billwadal Bhattacharya submitted that a team of the NIA had already visited the area and that the provisions of the Explosive Substances Act had not been implemented, while the Fire Safety Act had been invoked.

In taking exception to the submissions of the DSG, along the lines of the claims made by the writ petitioner, the Bench orally remarked:

“DSG, you are an officer of the Court first, and of the central government later. In earlier cases, you argued for the specific action of the State, and we passed directions. Here the State has intervened and filed a report. In our view, this is premature. You wait for the police to investigate. If you are dissatisfied, we will see.”

Accordingly, in dismissing the plea for registration of cases under the Explosive Substances Act, and for a direction of investigation upon the NIA, the Court directed for the investigation undertaken by the State police to be completed in a lawful manner.

Case: Suvendu Adhikari v State of West Bengal & ors

Coram: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya

Citation: 2023 LiveLaw (Cal) 248