38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Supreme Court declines to stay Calcutta HC’s direction to transfer Ram Navami violence case to NIA

By LawStreet News Network      21 May, 2023 12:59 AM      0 Comments
Supreme Court declines to stay Calcutta HC’s direction to transfer Ram Navami violence case to NIA

NEW DELHI: The Supreme Court on Friday declined to stay the Calcutta High Court order directing for NIA probe into cases connected with Ram Navami violence March 30, this year in West Bengal.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and K V Vishwanathan said it would not interfere with the HC's order and fixed the state government's appeal for hearing after summer vacations.

The West Bengal counsel senior advocates A M Singhvi and Gopal Sankaranarayanan submitted that NIA Act cannot be invoked in ordinary cases of violence unless the case is in connection with the security of the country or sovereignty.

"There cannot be NIA just because there might have been a bomb and argued that the high court passed the order on the assumption that bombs and explosives were used warranting the invocation of the Explosives Act, which is a scheduled offence under the NIA Act," the counsel.

Singhvi said all this was done in a PIL, by an active member of the BJP, opposition leader Suvendhu Adhikari.

On April 27, 2023, the HC noted violation of Section 6 of the NIA. During the violence which occurred during Ram Navmi, crude bombs were used to attack the procession. It was claimed that despite there being allegations about bombs, the West Bengal Police did not register an offense under Explosive Substances Act, in order to prevent NIA investigation. The high court transferred the investigations to NIA, which has already registered 6 FIRs in relation to the Ram Navami violence.

Senior advocates Mukul Rohatgi and P S Patwalia along with advocate Bansuri Swaraj appeared for Adhikari.

NIA was represented by Solicitor General Tushar Mehta.

The counsel claimed that the West Bengal government was not transferring files to NIA on the ground that they have filed a plea before the Supreme Court.

In his plea before the HC, Adhikari had raised the issue of explosives during the violation at Howrah and Dalkhola on March 30, 2023 on the occasion of Ram Navami.

In its order, a division bench headed by Chief Justice T S Shivagananam, had said, "We prima facie find that there has been a deliberate attempt on the part of the concerned police not to register any offence under the provisions of the Explosives Substances Act. There is also mention about the acid bottles and if be so, necessarily offence under the scheduled Act having been committed, the procedure under Section 6(1) of the NIA Act should have been resorted to. Therefore, we are convinced that no useful purpose would be served by directing the state police to register cases under the Explosives Substances Act or under any other scheduled act as the matter has travelled beyond the said stage and it is a fit case where the entire investigation should be transferred to the National Investigation Agency with a direction to the Central Government to exercise their power under Section 6(5) of the NIA Act."



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email