Supreme Court rejects Bengal govt's plea against NIA probe into Ram Navami violence

Without commenting on the order passed by the high court, the top court restricted itself to the powers exercisable by the NIA under the Act and the lack of any judicial challenge to it by the state

TT Legal Correspondent, New Delhi, 25.07.23 : The Supreme Court on Monday dismissed an appeal filed by the Bengal government challenging a Calcutta High Court order for a National Investigation Agency (NIA) probe into the violence on the day of Ram Navami in the state in April.

A bench headed by Chief Justice of India D.Y. Chandrachud dismissed the state’s appeal on the ground that Bengal had not challenged the notification issued by the NIA under Section 6(5) of the NIA Act that empowers the agency to take suo motu cognisance of an offence relating to alleged terror activities even in the absence of any judicial directive.

“In the absence of a challenged to the validity of the notification issued under Section 6(5) of the NIA Act, we are not inclined to entertain the Special Leave Petition (SLP),” said the bench which also included Justice J. B. Pardiwala and Justice Manoj Misra.

Section 6((5) of the NIA Act read: “Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.”

While senior advocate Gopal Sankaranaryanan who appeared for Bengal police denied that bomb explosions had taken place, solicitor general Tusha Mehta, on behalf of the NIA, placed before the court purported details relating to six FIRs registered at Howrah, Chandan Nagar, and other places.

Senior advocate Abhishek Manu Singhvi appearing for Bengal government also refuted Mehta’s contention and said there were no bomb explosions and the said FIR relating to bomb explosions were at the behest of some BJP worker.

“The high court passed the order on basis of one FIR. It says that bomb caused an abrasion. I wish bombs caused just abrasions. And that FIR was by a party worker,” Singhvi said.

However, the bench without commenting on the orders passed by the high court restricted itself to the powers exercisable by the NIA under the Act and the lack of any judicial challenge to it by the Sate.

“We are of the view that the remit of this court would be to determine as to whether exercise of jurisdiction by the Central government under Section 6(5) is so completely extraneous to the powers conferred upon it by Section 6(5) so as to warrant interference by this court,” the CJI said while dictating an order.

“In view of the fact that the precise contours of investigations which should be carried by the NIA cannot be anticipate at this stage…particularly in the absence of challenge to the notification above referred, we are not inclined to entertain the SLP…”

The court was dealing with an appeal filed by Bengal government challenging the directions of the high court ordering a NIA probe into the violence that occurred during the Sri Ram Navami celebrations between March 31-April 4, this year.