Murshidabad violence: SC dismisses West Bengal Govt’s plea against HC order
The Supreme Court on Monday dismissed a plea of the West Bengal Government against a Calcutta High Court order that had refused to stay an NIA probe into incidents of violence in Murshidabad district in January.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the High Court had taken a “balanced view”.
The top court was hearing a plea filed by the state against the February 26 order of the High Court that refused to stay the NIA probe in the case.
During the hearing, the top court referred to its February 11 order on a separate plea of the State Government.
The apex court had then asked the National Investigation Agency (NIA) to file a report in a sealed cover before the High Court, justifying the invocation of a UAPA provision pertaining to terror acts in a case related to repeated incidents of violence and unrest in Murshidabad.
Disposing of the state’s appeal, the bench had asked the Government to approach the High Court with its grievances against the NIA probe.
The top court had said the High Court could also examine the state Government’s challenge to the Centre’s decision to order an NIA probe in the case.
The bench had asked the NIA what was the basis for invoking the provision of the Unlawful Activities (Prevention) Act (UAPA) to justify its probe into the violence at Murshidabad’s Beldanga. The NIA, which was handed over the probe by the Ministry of Home Affairs (MHA) on January 28, has invoked section 15(1)(a) of the UAPA in the case.
The provision deals with terrorist acts and can be slapped on whoever indulges in any act with an intent to threaten the unity, integrity, security, economic security or sovereignty of India or with an intent to strike terror.
The provision is attracted if “bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases” are used in terror acts.
The top court had asked the NIA to file a report in a sealed cover on this aspect in the High Court.
Appearing in the court for the NIA, Additional Solicitor General S V Raju had defended the agency’s decision, citing the use of deadly weapons and the proximity of the area (Beldanga) to the Bangladesh border.
On January 20, the High Court expressed concern about repeated incidents of violence and unrest in Murshidabad and directed police and the administration to ensure peace in the district.
On January 16, protesters blocked National Highway-12 over the death of a Beldanga resident working as a migrant worker in Jharkhand. On January 17, similar blockades took place over the alleged heckling of a Murshidabad resident working as a migrant worker in Bihar.
