Ram Navami Violence | Calcutta High Court Transfers Probe To National Investigation Agency (NIA)

The Calcutta High Court today transferred the probe into the incidents of violence that occurred in the state last month during the Ram Navami celebrations, to the National Investigation Agency (NIA).The bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya directed the state police to hand over the FIRs, papers of the case, seized materials, CCTV Footage, etc to the NIA within a period of two weeks."We are convinced that no useful purpose would be served by directing the State Police to register cases against those, who used acid bottles and petrol bombs etc under the Explosive Substances Act as the matter has travelled beyond that stage and it is fit case to transfer the investigation to the NIA," the operative part of the Court's order reads.The court reserved its order on April 10 in the Public Interest Litigation (PIL) plea moved by West Bengal Leader of Opposition and BJP MLA Suvendu Adhikari seeking an NIA probe in to matter after hearing the arguments of the Advocate General and the counsels for the other petitioners that moved similar pleas before the HC.Before the Court, Advocate General Soumendra Nath Mookherjee had opposed the prayer for an investigation into the violence by the National Investigation Agency by submitting that the state police are already investigating the matter and an NIA probe can be ordered only if there is sufficient material and satisfaction of the Union govt that it is a fit case for ordering NIA probe.However, during the hearing in the case, Acting Chief Justice Sivagnanam had orally remarked that the matter appeared to be a serious one as the reports prima facie suggested that the violence was pre-planned and therefore, he had opined that a central probe agency would be better placed to probe the matter."Reports prima facie show they (violent incidents) were all pre-planned. There is an allegation that stones were pelted from the rooftops, obviously, stones could not have been taken in 10-15 minutes to the rooftop...There was an intelligence failure. The problem is two-fold. One is whether it is between two groups. The other is, a third group could be taking advantage of the situation. If that group is involved, then this needs to be probed by a central agency because it is difficult for the state police to find out. Who has come in to take advantage?... Somebody would have set the fire, set the ball rolling, so, to identify that outside source unless a central agency comes, you cannot probe," the bench orally observed.The Bench had further noted that swords, bottles, broken glasses, and acid were used in the violence, and the internet was restricted which shows how it was large-scale violence.Importantly, the Court took into account the previous incidents of violence that happened in the state and the subsequent orders of the Court and observed thus:"...within 4-5 months, the state has got 8 orders of the High Court and all these matters concern to violence during religious events. Does it not reflect something else? In my 14 years of being a Judge, I have not seen so many orders...Is it incapacity of Police, or failure of intelligence, sensitization of the officers at the lower level, what is it?"In fact, the ASG appearing for the Union had also submitted that if blasts have taken place and explosives have been used, then the NIA act is automatically attracted and it becomes Union's prerogative to order for an NIA probe suo moto.Click Here To Read/Download Order

Ram Navami Violence | Calcutta High Court Transfers Probe To National Investigation Agency (NIA)

Sparsh Upadhyay

Tags