The Supreme Court on Monday dismissed a plea by the West Bengal government against the Calcutta High Court's April 27 order transferring the investigation into six FIRs in connection with Ram Navami violence this year at Howrah and other places to the National Investigation Agency.
A bench noted that the central government has issued the notification to direct an NIA probe, which was not under challenge by the state government.
The bench noted that there are six FIRs by the state police, which were registered between March 30 to first week of April 2023, and the precise contours of investigation which should be carried by NIA cannot be anticipated at this stage.
The court also said that the Centre has issued a notification taking suo motu cognizance of the issue under NIA Act and six FIRs were registered by the NIA, after the High Court's order.
In the absence of a challenge to the central government notification, “we are not entertaining the special leave petition," the bench said.
Senior advocate Gopal Sankaranarayanan, appearing for the West Bengal police, submitted the HC's order would have demoralising effect on the state police. He claimed that the six FIRs were registered in connection with different incidents which took place at different places on different dates in the state.
He stressed that there was no evidence of use of bombs or explosives, therefore the Explosive Substances Act was not invoked. He claimed that smoke grenades and tear gas grenades used by the police to control the mob are being projected as explosives. He also submitted no shrapnel or craters were found. The counsel also claimed the rally organisers change the route approved by the police and incited the violence.
Senior advocate P S Patwalia, representing BJP leader Suvendu Adhikari, on whose plea the HC had passed its order, contended that bombs and explosives were widely hurled and it was deliberately omitted by the state police in the FIRs.