A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra told the West Bengal government that the Calcutta HC’s April 23 order directing the Center to consider NIA probe into the six incidents, as the complaint clearly mentioned attacks using bombs, which is a “scheduled offence” under the Explosives Act, under which the Center can direct the NIA to investigate.
The HC had ordered an NIA probe on a bunch of petitions led by BJP leader Suvendu Adhikari. Following the order, the central government on May 8 issued a notification under section 6(5) of the NIA Act directing the central agency to investigate “scheduled offences” under the Explosives Act. The NIA registered the FIR on 10 May. A special NIA court took cognizance of the FIR on May 11 and directed the state police to hand over the records of the case to the central agency.
Solicitor General Tushar Mehta, appearing for the NIA, said that though the direction to hand over the case records was issued on May 11, the state government has not done so.
Appearing for the officer, senior advocate PS Patwalia said the incidents were related and the attacks were carried out in a coordinated manner using crude bombs, petrol bombs and other lethal weapons, which required investigation by the NIA. Advocate Bansuri Swaraj, appearing for an intervenor, said that though the medical examination report showed injuries from the bomb attacks and the same is clearly mentioned in the complaint, the state police refused to register an FIR and surprisingly, made the complainant an accused in the FIR.
Senior advocate Gopal Sankaranarayanan, appearing for West Bengal, said the state had filed FIRs on its part under the Explosives Act in some of the earlier cases. But in these six cases, no evidence of bomb attack was found, he said and read out the medical reports showing minor scratches on the complainant. He said that the Ram Navami procession deliberately deviated from the approved route and brick-pelting started in some areas, resulting in backlash.
He said that the BJP leader has come into politics to show the state police in bad light and added that the transfer of the probe to the NIA would demoralize the state police force. But the Supreme Court refused to interfere and said that since the state had not challenged the May 8 notification of the central government handing over the probe to the NIA, the Supreme Court would not stop the investigation already underway.