The Calcutta high court on Friday directed the Central Bureau of Investigation (CBI) to register an FIR in connection with the Narada sting operation after conducting a preliminary report that has to be concluded within 72 hours.
The CBI will be filing the FIR "depending on the result of the preliminary inquiry" to proceed for probing into the Narada sting operation.
The division Bench of acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty gave the order on Friday and directed CBI to take custody of the devices and the reports of the Central Forensic Science Laboratory (CFSL) within 24 hours.
It may be recalled that a pen drive, a laptop and hard disks were sent to the CFSL for forensic test. The laboratory had managed to extract 47 out of 73 files containing video footages in the hard disks. The court stated "it is apparent that the video footage is not tampered and is genuine". Thus, the court "believes that a cognizable offence has been committed".
Justice Mhatre observed that "the state police are at best, unfortunately, puppets on a string, the end of which is with those against whom the allegations were raised. Therefore, it is of utmost importance that the preliminary inquiry should be conducted by a neutral and independent investigating agency. There is no other investigating agency besides the CBI which is 'independent' and therefore, it is essential that the preliminary inquiry should be conducted by that agency."
The court on Friday observed that Parliamentarians, ministers and people's representatives are involved in it. Thus, the probe should not be conducted by the state police and the jurisdiction of the High Court under Article 226 of the Constitution of India must be exercised by "ordering an inquiry by the CBI into the entire episode."
The Court further directed the state government to initiate disciplinary proceedings against senior IPS officer SMH Mirza, who was featured in the video footages, within a week from Friday. The state government has also been directed to suspend him.