In setback for NIA, SC allows Chhattisgarh police to probe larger conspiracy in 2013 Naxalite attack

Chhattisgarh government's counsel told the court that the NIA never investigated the political conspiracy angle since 2013 and had in fact closed the case.

New Delhi: The Supreme Court on Tuesday declined to consider a plea by the National Investigation Agency questioning the validity of the Chhattisgarh police probe into an FIR lodged in 2020 alleging larger conspiracy in the 2013 Maoist attack which claimed the lives of several top Congress leaders.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said we would not interfere in the matter.

After hearing Additional Solicitor General S V Raju (for the NIA), senior advocate ANS Nadkarni and advocate Sumeer Sodhi, representing for Chhattisgarh government, the bench upheld the High Court's order.

The state government counsel told the court that the NIA never investigated the political conspiracy angle since 2013 and had in fact closed the case. 

The apex court was informed that even the previous political regime in 2016 had written to the central government to initiate a CBI investigation since NIA had not done its job.

The court dismissed the special leave petition filed by the NIA.

The top court's order would mean that the state police can now investigate the angle of political conspiracy in the gruesome attack of 2013.

In 2013 in the Jheeram Ghaati incident, 27 persons including Congress leaders had died in a Naxalite attack. The case was investigated by the NIA and the trial in the matter is going on. 

On a complaint by the son of a deceased Congress leader, an FIR was lodged by the state police on allegations that the NIA had failed to investigate a larger political conspiracy. The NIA moved the trial court for transfer of the state police’s FIR to the NIA since according to the NIA, the state FIR was connected to their investigation. 

The trial court as well as the High Court of Chhattisgarh rejected the petition of the NIA. The Supreme Court had initially granted a stay of further investigation by state police in 2020.

The NIA contended that 27 persons were killed by Naxalites in 2013 and the matter was investigated by it, however after seven years, the complainant has come forward saying that there was a larger conspiracy.

It also claimed the complainant could have pressed for further investigation and not lodged a fresh FIR if he was aggrieved that the larger political conspiracy was not being investigated by NIA.