Explosion During Muharram Procession: MP High Court Grants State A Week To Decide On NIA Probe

The Madhya Pradesh High Court's Indore Bench has granted the State a week's time to take instructions on whether the National Investigation Agency (NIA) ought to take over the probe into a communal incident that involved blowing up a car hung to a crane that took place in Badnagar, Ujjain district, on the night of Muharram last month.

A division bench of Justice Subodh Abhyankar and Justice Alok Awasthi was hearing a writ petition filed by one Sumit Hardiya, whose counsel argued that the case involves a scheduled offence under the National Investigation Agency Act, 2008, and must therefore be probed by the central agency rather than the local police.

Appearing for the petitioner, Advocate Jayesh Gurnani told the court that the incident occurred on the night of the 23rd, coinciding with Muharram, at Badnagar in Ujjain district.

According to him, a vehicle was hoisted nearly 40 feet into the air using a crane, religious flags were waved, religious slogans were raised, and an explosion took place during the course of the incident. Gurnani said the local police registered a First Information Report only two days later, on the 25th, and contended that the investigation conducted so far has fallen short of what the law requires.

"On the night of Muharram, on the 23rd, an incident took place in Bandnagar, Ujjain, in which a vehicle was lifted nearly 40 feet into the air using a crane. Religious flags were waved, religious slogans were raised, and an explosion occurred. Following the incident, the police registered an FIR on the 25th. However, we believe the investigation has not been conducted in the manner it should have been," Gurnani said.

He further argued that since an explosion had occurred during the incident, the police ought to have invoked the Explosive Substances Act while registering the case. Once that provision came into play, he submitted, the matter would automatically fall within the category of a scheduled offence under the NIA Act, requiring the probe to be handed over to the NIA. "Since an explosion took place, a case should have been registered under the Explosives Substances Act, and the entire investigation should have been handed over to the NIA. However, the NIA has not yet been entrusted with the probe," Gurnani submitted before the bench.

Representing the State, Additional Advocate General Rahul Sethi, assisted by Panel Lawyer Astha Nagori, duly appeared on advance notice and sought time to obtain instructions from the department concerned before responding to the petitioner's claims on the nature of the offence and the agency that ought to investigate it.

Recording these submissions, the bench granted the State's request and directed that the matter be taken up again after a week. The order passed by the court records that the Additional Advocate General "seeks and is granted a week's time to take instructions in the matter as counsel for the petitioner has submitted that the incident which took place on 23/06/2026 at Badnagar, District Ujjain (M.P.) relates to scheduled offence as provided under the National Investigation Agency Act, 2008 and thus, the investigation has to be conducted by the NIA only."

The bench further ordered, "Let the matter be listed in the next week."

Case Title: Sumit Hardiya vs. The State of Madhya Pradesh and Others

Date of Order: July 8, 2026

Bench: Justice Subodh Abhyankar and Justice Alok Awasthi