Supreme Court Issues Notice On NIA's Plea Challenging Fresh FIR By Chhattisgarh Police To Probe Larger Conspiracy Allegations In 2013 Maoist Attack On Congress Leaders

"This is an important issue, we will issue notice."

The Bench comprising Justices D.Y. Chandrachud and Hima Kolhi also stayed further investigation by the local police in the second FIR lodged in 2020.

"There shall be a stay of further investigation by local police in FIR…."

NIA's petition assails the order of the Chhattisgarh High Court dated 02.03.2022, whereby it had refused to quash the second FIR or transfer the same to NIA for further investigation. The Central investigation agency had initially moved a Special NIA Court in Chhattisgarh with a quashing/transfer plea, which was rejected.

In May, 2013, 29 people, including senior Congress leaders were attacked and killed during a poll campaign in Bastar. NIA was directed by the Central Government to conduct the investigation. However, in 2020, a second FIR was lodged by the son of one of the Congress leaders who had lost his life to the 2013 attack, alleging a larger political conspiracy.

Additional Solicitor General, S.V. Raju, appearing on behalf of NIA, apprised the Bench that NIA was entrusted with the investigation of the Bastar ambush pursuant to an order passed by Central Government under Section 6 of the National Investigation Agency Act, 2008, in 2013. However, after almost seven years, in 2020, a FIR pertaining to the same incident was lodged by the State police to probe into allegations of larger conspiracy at the instance of a new informant. Mr. Raju argued that allegation of the 'larger conspiracy' is a connected offence and hence ought to be investigated by NIA in terms of Section 8 of the National Investigation Agency Act, 2008.

S. 8 reads as under -

"While investigating any Scheduled Offence, the Agency may also investigate any other offence which the accused is alleged to have committed if the offence is connected with the Scheduled Offence."

Mr. Raju submitted that after the second FIR was lodged in 2020, considering that the allegations pertain to the same predicate offence NIA had written to the Special Judge asking the local police to stop their investigation and hand-over the documents to NIA by virtue of Section 8 of the NIA Act.

The Senior Counsel appearing for the State submitted that chargesheet in the main offence was filed by NIA in 2015, and the larger conspiracy angle was never investigated by it.

[Case Status: NIA v. State of Chattisgarh SLP(Crl) No. 7024/2022]

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