Central investigation may expose Mamata’s safe haven for jehadis
The West Bengal Government’s refusal to hand over the Burdwan terror blast case to the National Investigation Agency (NIA) may not prevent the Central agency from taking over the probe. The National Investigation Agency Act, 2008 empowers the Centre to order such a probe and take over the ongoing investigation being carried on by State agencies.
With Opposition parties accusing the Mamata Banerjee Government and TMC cadres of destroying evidence that could link her party leaders to the suspected terror accused who died in the blast, it has to be seen if the Centre acts firmly and directs the NIA to take over the probe before it is too late to salvage the evidence. The blast took place in the house that was rented out by a TMC leader.
Sources in the Home Ministry said that no final decision has so far been taken on ordering the probe, but the matter was under active consideration. An NIA probe could place the Mamata Government under the scanner since, in recent times, West Bengal has allegedly emerged as a safe sanctuary for jehadi elements.
If the Centre decides to order an NIA probe, this will be the first time that the Central agency would investigate a terror case despite objections from the State Government.
Though the Mamata Government has not officially opposed such a probe, it has been widely reported that the State police and TMC cadres did not allow the preliminary NIA probe team to enter the house where the explosion took place.
The NIA Act clearly states that in case of occurrence of any offence covered under the Act, the State Government will forward a report to the Central Government as “expeditiously” as possible.
“On receipt of the report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within
15 days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the agency,” the Act says.
Incidentally, the Centre can form its own opinion irrespective of the report submitted by the State Government. The Act says: “If the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the NIA to investigate the said offence.”
Once the Centre orders such a probe, the State Government and State police officers investigating the offence will not proceed with the probe and transfer the relevant documents and records to the Agency.
At the same time, the NIA Act also provides that the Agency also might, if it is expedient to do so, request the State Government to associate itself with the investigation.