Supreme Court On UAPA In Murshidabad Violence: Calcutta High Court To Decide Legality Of NIA’s Terror Probe

The Supreme Court on February 11, 2026 said that the Calcutta High Court will examine whether the Unlawful Activities Prevention Act was rightly invoked in the Murshidabad violence case in West Bengal, where the National Investigation Agency has taken over the probe.

“Whether UAPA should be invoked or not is something the High Court can examine after looking at the material. We will ask the NIA to submit a report in sealed cover,” Chief Justice of India Surya Kant said during the hearing.

A bench comprising CJI Surya Kant and Justice Joymalya Bagchi directed the West Bengal government to pursue its challenge to the NIA investigation before the Calcutta High Court, observing that the High Court is the appropriate forum to assess the Centre’s decision to transfer the probe.

The NIA has invoked Section 15 of the UAPA, which defines a terrorist act, contending that the violence in Murshidabad had implications for India’s economic security.

Justice Bagchi raised questions during the hearing on the material available at the stage of invoking UAPA. “The case diary was not placed before you. This is a pre decisional conclusion arrived at. Every emotional outburst cannot be packaged as a threat to economic security,” he remarked while addressing Additional Solicitor General SV Raju, appearing for the Centre.

ASG Raju defended the NIA probe and the invocation of UAPA provisions. He submitted that the violence occurred in a sensitive district near an international border and involved the use of deadly weapons. 

“This is a porous border near Bangladesh. There was violence and deadly weapons were used. We are conducting an independent investigation but the papers are not being handed over to us,” he told the Court.

The Supreme Court directed the NIA to file a detailed report in sealed cover before the Calcutta High Court explaining the basis for invoking UAPA in the Murshidabad violence case.

“We request the High Court to consider the NIA report independently and issue consequent decisions. It is clarified that we have not expressed any observation on the merits of the case,” the bench ordered.

The violence took place on January 16, 2026 in Beldanga in West Bengal’s Murshidabad district after the body of 30 year old migrant labourer Alauddin Sheikh was brought back from Jharkhand, where he was allegedly murdered. Large scale unrest followed, with roads, railway tracks and a national highway blocked for several hours.

According to investigating agencies, the incident went beyond a spontaneous protest. Police reported that a provocative message was allegedly circulated on social media calling upon people to set a local police station on fire in connection with the Special Intensive Revision issue. Deadly weapons were allegedly used during the clashes.

Following a public interest litigation before the Calcutta High Court seeking a central probe into the Murshidabad violence, the Ministry of Home Affairs directed the NIA to take over the investigation, citing the seriousness of the incident and potential national security implications.

With the Supreme Court’s latest order, the Calcutta High Court will now decide, after examining the NIA’s sealed report and the material on record, whether the invocation of UAPA Section 15 in the Murshidabad violence case is legally sustainable.

Case Title: State of West Bengal vs Suvendu Adhikari

Bench: CJI Surya Kant and Justice Joymalya Bagchi

Hearing Date: February 11, 2026