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Synopsis

The Calcutta High Court today 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.

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

The bench said, "It has been held that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instill confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having 'a fair, honest and complete investigation', and particularly when it is imperative to retain public confidence in the impartial working of the State agencies."

The bench was hearing a PIL 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.

Acting Chief Justice Sivagnanam had orally mentioned that the current matter appears to be serious in nature as per the reports which suggest that the Ram Navami violence was prima facie pre-planned. Therefore a central investigation agency would be a better option to look into the problem, the bench had then said.

Accordingly, today the bench disposed of the writ petitions and directed the concerned police authorities to hand over all the material facts, and CCTV footage to the NIA. 

Further, the bench directed the NIA to proceed with the investigation in accordance with law.

Case Title: Sri Suvendhu Adhikari vs. State of West Bengal