West Bengal Ram Navami Violence| Supreme Court refuses to entertain plea against transfer of probe to NIA

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Synopsis

Sr. Adv. Gopal Sankaranarayanan appearing for the State's police told the bench today that it was extremely demoralising for the police staff to hear that they were 'playing favourites', while registering FIRs against the perpetrators.

Supreme Court today refused to entertain State of West Bengal's plea challenging a Calcutta High Court order transferring probe to the National Investigation Agency (NIA) into the incidents of violence during Ram Navami.

A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra noted that there was no challenge to the notification issued by the Central government under Section 6(5) of NIA Act which gives suo motu power to it to direct the NIA to investigate a schedule offence.

On the 6 different FIRs that were issued on the incidents, CJI noted that they were all proximate incidents, relating to the Ram Navami procession.

Last Monday, Supreme court had asked the parties to check if all the FIRs filed pertained to the same incidents.

"Who is appearing for NIA? Have you done this exercise to verify if all FIRs refer to one single incident..Check if the FIRs overlap, we have to ultimately look at the heart of the incidents..you sit with SG Mehta and prepare a short note..", CJI had directed Senior Advocate PS Patwalia, who was appearing for Suvendu Adhikari, the original petitioner before the High Court.

The Calcutta High Court on April 27 had ordered probe by National Investigation Agency(NIA) into the recent violence that broke out in different districts of West Bengal during Ram Navami Celebrations in the state.

Bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya had ordered the state police to hand over the FIRs, case documents, seized materials, CCTV footage, and other evidence to the NIA within two weeks. 

PIL was filed by Suvendu Adhikari, the Opposition Leader of West Bengal and BJP MLA seeking probe by the National Investigation Agency (NIA) into the violence during the Ram Navami Processions in the state.

In the PIL, Adhikari had prayed for issuance of writ of mandamus to direct the Central Bureau of Investigation (CBI) to register an FIR into the acts of violence that occurred at Howrah and Dalkhola on 30th March, 2023 on the occasion of Ram Navami. Further, he had sought an NIA probe into the matter.

On April 10,2023, the bench after hearing the arguments of the Advocate General and the counsels for the other petitioners who had filed similar Public Interest Litigations (PIL) before the High court had reserved its decision.

Case Title: State of West Bengal vs. Suvendu Adhikari