Kolkata: Holding that the National Investigation Agency (NIA) cannot determine whether provisions of the Unlawful Activities (Prevention) Act are attracted without examining the case diary, the Calcutta High Court on Wednesday refused to stay the central agency’s takeover of the Beldanga violence probe.
A Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen declined an interim plea by the state seeking to set aside a sessions court order directing transfer of the case diary and related materials to the NIA, and to halt further proceedings before the designated court.
The Ministry of Home Affairs had, on January 28, directed the NIA to take over investigation of an FIR registered at Beldanga police station in Murshidabad under provisions of the Bharatiya Nyaya Sanhita, the West Bengal Maintenance of Public Order Act, the National Highways Act and the Prevention of Damage to Public Property Act. No section of UAPA was invoked in the FIR.
The state contended that in the absence of any UAPA offence in the police case, the Centre’s decision to hand over the probe under Section 6(5) of the NIA Act lacked basis. Opposing the stay, the NIA argued that the written complaint referred to accused persons carrying diesel and other inflammable materials to set fire to shops and vehicles, potentially attracting the definition of a “terrorist act” under Section 15 of UAPA.
The High Court noted that the Supreme Court had directed the NIA to submit a report, post- or during investigation, to enable the High Court to decide whether UAPA provisions are made out. Without access to the case diary, the Bench observed, filing such a report would be “practically impossible”.
Refusing the stay, the court directed the NIA to submit its report on the next date of hearing.