'Serious Allegations Against State Police' : Supreme Court Directs NIA To Investigate Judges' Gherao During West Bengal SIR

The Supreme Court on Monday directed the National Investigation Agency (NIA) to take over the investigation into incidents involving the gherao of judicial officers in a village in Malda district in West Bengal during Special Intensive Revision (SIR) duty last week.The NIA has been directed to take over the investigation in the 12 FIRs registered by the local police over the incident, irrespective of the provisions under which the FIRs have been registered. In other words, regardless of whether the scheduled offences under the NIA Act are attracted or not, the NIA can investigate these matters.The direction was passed after noting that there were serious allegations against the members of the State police.The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing the suo motu case taken over the incident of seven judicial officers being held hostage for over nine hours late into midnight at Kaliachak Village, Malda District on April 1.On April 2, the bench had directed the Election Commission of India to ask an independent agency like the CBI or the NIA to conduct a preliminary inquiry into the incidents.'Serious allegations against State police'Today, after perusing the preliminary status report placed before it, the Court observed that the allegations warranted an independent probe by a central agency."There are serious allegations against the members of the State/local police. In exercise of powers under Article 142, we direct that the investigation of these FIR be taken over by NIA, irrespective of the offences under which these FIRs have been registered," the bench observed in the order.The Court clarified that the agency would be obligated to register further FIRs if, during the course of investigation, it was found that additional offences had been committed, that the offences had wider dimensions, or that more persons were involved.The Court further directed that the investigation reports be filed before the NIA Court at Kolkata. Until then, the NIA was directed to continue submitting status reports to the Supreme Court from time to time.12 FIRs in totalAppearing for the NIA, Additional Solicitor General SV Raju submitted that three incidents directly involved judicial officers. He stated that in one incident, a judicial officer was prevented from reaching the venue, while another incident involved the gherao of judicial officers at the venue.Raju informed the Court that a total of three FIRs had been registered directly in connection with incidents involving judicial officers, while nine additional FIRs pertained to blockages in the surrounding areas. He submitted that there were 12 FIRs registered by the State police in total that the NIA could be permitted to investigate.He further submitted that 24 accused persons had been identified as troublemakers, five had criminal histories, and 24 were suspected party members. In total, 432 persons had been identified in connection with the incidents, and call detail record analysis was underway.Raju also pointed out that the matter was currently being investigated by the local police because the offences did not fall within the category of scheduled offences under the NIA Act.At this stage, Justice Bagchi queried whether rioting was not a scheduled offence under the NIA framework. In response, Raju stated that rioting was not a scheduled offence under the Act, but once the NIA commenced investigation, it could take over connected offences as well.State police directed to hand over papers to NIAThe Court directed the local police to hand over all investigation papers and case diaries to the NIA and to provide any logistical support or assistance required for the ongoing investigation.Senior Advocate Siddharth Luthra, appearing for the Chief Secretary and Director General of Police, submitted that two persons, who were the kingpins, Mofakerrul Islam and Maulana Muhammad Shahjahan Ali Qadri, had already been arrested by the local police, and that they are in police custody.Taking note of the submission, the Court directed that the persons arrested so far be interrogated by the NIA and that their custody be handed over to the agency.BackgroundLast week, the Court took note of a letter sent by the Chief Justice of the Calcutta High Court regarding events in Kaliachak village. As per the communication, seven judicial officers, including three women, were confined at a BDO office from around 3:30 PM and were released only after midnight. During this period, they were denied food and water. After their release, their vehicles were attacked with stones and bamboo sticks while they were being evacuated. The Court observed that requests made by the High Court administration for intervention were met with “conspicuous inertia” until around 8:30 PM, despite the seriousness of the situation. The Court slammed the conduct of the State administration noting that the Chief Secretary could not be contacted as he...

'Serious Allegations Against State Police' : Supreme Court Directs NIA To Investigate Judges' Gherao During West Bengal SIR

Amisha Shrivastava

The NIA has been asked to investigate regardless of whether scheduled offences under the NIA Act were invoked in the State FIRs.

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