New Delhi, July 24 (Agency) In a major setback to the West Bengal government, the Supreme Court on Monday upheld the Calcutta High Court’s order directing the National Investigation Agency (NIA) to probe into the 6 FIRs relating to alleged violence against Ram Navmi processions in the state, in which police allegedly did not record bomb attacks during the procession, under Explosive Substances Act. While dismissing the contentions of the West Bengal government plea, a three-judge bench of the Apex Court, headed by Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud, and also comprising Justices JB Pardiwala, and Justice Manoj Misra, refused to interfere with the Calcutta High Court order. “After the High Court’s order, the Central Government has exercised its suo motu powers under Section 6 (5) of the NIA Act to ask the NIA to investigate these cases,” the bench of the Top Court today, said in its order.
Calcutta High Court, in its order on April 27, prima facie observed with respect to the Ram Navami violence that there had been a deliberate attempt on the part of the concerned police not to register any offence under the provisions of the Explosives Substances Act, fighting shy of resorting to the procedure required to be complied with under Section 6(1) of the NIA Act. This order was challenged by the WB govt before the Supreme Court on the ground that transferring the probe to the NIA, “would demoralise the state police.” Senior Advocate Gopal Sankaranarayanan, appearing for the West Bengal Police, told the Apex Court that the six FIRs were registered over different incidents which took place at different places on different dates. “There was no evidence of use of bombs or explosives and hence the Explosives Act was not invoked. The smoke grenades and tear gas grenades used by the police to control the mob are being projected as explosives. The injury reports do not indicate that the victims have suffered blast injuries. No shrapnels or craters were found so as to indicate use of bombs.
We can’t add Explosives Act, Sankaranarayanan said during the hearing. He further said that the Calcutta High Court’s order had the effect of diminishing the full credibility of the state police and demoralising the police officers. Mr Sankaranarayanan also said that most of the victims of the Ram Navami clashes were police officers themselves, who got overwhelmed by the mob of thousands who were armed with swords and bamboo sticks. On the other hand, Senior Advocate PS Patwalia, appearing for Suvendhu Adhikari, submitted that bombs and explosives were widely hurled during the religious rallies and the State police deliberately omitted to mention these aspects in the FIRs. The Solictor General (SG) Tushar Mehta, senior law officer for the NIA, said that after analyzing the six FIRs, I can say that the first FIR has use of Bomb- this is Howrah. In 2nd FIR, the area is same but your lordships should mark that it is a suo moto case registered against unknown person- so FIR by West Bengal police. Same for third. For fourth, there is a reference to bomb in Chandan Nagar. 5,6 is chandan nagar. He said that we told them (WB govt) that we’re under the mandate of HC, give us papers. We are not being supplied with papers also. This conduct itself debars them.