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In the impugned order, Calcutta High Court's 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 and thus a central investigation agency would be a better option to look into the problem.
In a plea filed by the State of West Bengal, challenging a Calcutta High Court order transferring probe to the National Investigation Agency (NIA) into the incidents of violence during Ram Navami, CJI DY Chandrachud on Monday (July17) asked the parties to check if all the FIRs filed pertained to the same incidents.
This order came to be issued after Senior Advocate Gopal Shankarnarayan, appearing for the State police, told the court that the FIRs pertained to different 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 directed Senior Advocate PS Patwalia, who was appearing for Suvendu Adhikari, the original petitioner before the High Court.
The case will now be heard on July 21, 2023.
When the matter was taken up, the bench of Justices PS Narasimha and Manoj Misra was told by Senior Advocate AM Singhvi that the petitions were filed by the members of the opposition party and were politically motivated.
"On 30th March 3 FIRs are registered. Then PILs are filed by BJP workers, these are not innocent PILs..4 PILs are filed by declared political opponents. Then 4 ATRs are filed to the High Court...", Singhvi told Court.
Defending the state police's actions on said incidents, the senior counsel referred to a chart placed before the bench and added, "Seizures are given, arrest is given, injury reports are given, FIR numbers are given.. FIRs are not referred to in the impugned order, not one of them shows a bomb, one alleged victim, who is a BJP worker, says there is a bomb and he has suffered an abrasion on the left ear due to it..I would like to believe bombs cause only abrasions..".
Appearing on behalf of Suvendu Adhikari, Senior Advocate Patwalia told the bench that a wrong impression was created, as the matter was first mentioned by an Advocate and only of one petitioners was a leader of the opposition. "One petitioner is the chairman of the rally association", Patwalia submitted.
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.
A 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
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