Beldanga Violence | Supreme Court Asks Calcutta HC To Examine If Invocation Of UAPA By NIA Is Justified

The Supreme Court on Wednesday asked the Calcutta High Court to ascertain from the materials submitted by the National Investigation Agency(NIA) as to whether the invocation of the Unlawful Activities Prevention Act(UAPA) was justified with respect to the Beldanga violence, which took place in January.

The Court directed the NIA to submit its materials before the Calcutta High Court in a sealed cover.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was considering a petition filed by the State of West Bengal challenging an order passed by the Calcutta High Court on January 20 to the Centre to consider NIA probe invoking the power under Section 6(5) of the NIA Act.

Disposing of the State's petition, the bench observed in the order :

"Suffice it will be to direct the NIA to submit the report, post investigation or during the course of investigation, before the division bench of the High Court  in a sealed cover, as to whether on the basis of material/information gathered by it, any prima facie case for investigation under the provisions of the UAPA is made out or not. Since there are only passing observations in the impugned order of the High Court, without any definite opinion in relation to the attracction of the UAPA, we request the High Court to consider the status report of the NIA independently and issue consequential directions."  

The bench clarified that it has not expressed any opinion on the merits of the matter.  The bench also transferred to the High Court a writ petition filed by the State of West Bengal challenging the Union Government's direction for NIA probe.

Tension flared up in Beldanga and adjoining areas on January 16 after news spread that a migrant worker from the area had died an unnatural death at his shelter in Jharkhand. The situation remained volatile for nearly two days as the news of another assault of a migrant worker in Bihar hailing from the region came, with incidents of unrest reported across the area. Protesters blocked National Highway-12 and railway tracks at Beldanga, affecting rail and road traffic.

Court asks if UAPA invocation is fair?

During the hearing, the Court orally asked the National Investigation Agency what was the basis for suo motu registering an FIR over the incident.

Senior Advocate Kalyan Bandhopadhyay, for the State, submitted that there was no scheduled offence as per the NIA Act which was committed, and hence the NIA investigation was unwarranted. He added that the State Police had registered an FIR and arrested persons in connection with the violence. 

Additional Solicitor General SV Raju informed the bench that the Ministry of Home Affairs, on January 28, directed the NIA to take up the investigation with respect to the incident. ASG said that the incident happened near the Bangladesh border and deadly weapons were used, and hence, offences relating to national security were involved. ASG further submitted that the State Police was not cooperating and was handing over the papers.

Bandhopadhyay questioned how the offence of terrorism under Section 15(1) UAPA was made out with respect to the incident. He submitted that there was no use of explosives so as to attract any NIA Act-scheduled offence.

Justice Bagchi asked the ASG how NIA arrived at the conclusion that Section 15 UAPA Act was attracted. "Is it just and fair that you exercise your powers like that? The case diary and other documents were not placed before you. Without looking into documents, you have said Section 15 NIA Act is justified. This is a pre-decisional conclusion arrived at," Justice Bagchi observed. 

Justice Bagchi further said, "Every emotional outburst cannot be packaged as a threat to economic security." Justice Bagchi also observed that with reference to the earlier attack in April 2025, there was a direction by the HC for an NIA probe, but the NIA "slept over it."

Senior Advocate PS Patwalia appeared for West Bengal Leader of Opposition Suvendhu Adhikari, who had approached the Calcutta High Court seeking deployment of central forces in the region.

Case :  THE STATE OF WEST BENGAL Vs SUVENDU ADHIKARI | SLP(Crl) No. 2369/2026