IN THE HIGH COURT AT CALCUTTA
T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ.
Sri Suvendu Adhikari – Appellant
Versus
The State Of West Bengal And Others – Respondent
WPA (P) 151, 154, 156, 162 of 2023
Decided on : 27-04-2023
Criminal Procedure Code, 1973 - Section 161, 144, 154 - West Bengal Maintenance of Public Order (Amendment) Act, 1972 - West Bengal Maintenance of the Public Order (amendment) Act, 2017 - National Investigation Agency Act, 2008 - Section 2(1) (g), 6, (2) - Explosive Substance Act, 1908 – Indian Penal Code, 1860 - Arms Act, 1959 - Public Property Destruction Act, 1984 - Communal conflagration - Use of explosive substances in violence - Petition praying to direct Central Bureau of Investigation to register an FIR into act of violence, arson and communal conflagration - Prays for issuance of a writ of mandamus to direct National Investigation Agency to conduct investigation – Held, There has been a deliberate attempt on part of concerned police not to register any offence under provisions of Explosives Substances Act - There is also mention about acid bottles and if be so, necessarily offence under scheduled Act having been committed, procedure under Section 6(1) of NIA Act should have been resorted to – Court is convinced that no useful purpose would be served by directing state police to register cases under Explosives Substances Act or under any other scheduled act as matter has travelled beyond said stage and it is a fit case where entire investigation should be transferred to National Investigation Agency with a direction to Central Government to exercise their power under Section 6(5) of NIA Act - Petitions are disposed of by directing concerned police to ensure that all FIRs, documents, materials seized, CCTV footage etc. be immediately handed over to appropriate authority of National Investigation Agency who on receipt of all entire materials shall commence investigation and proceed in accordance with law - Petitions disposed of
JUDGMENT :
T.S.SIVAGNANAM, J.
1. The petitioner in WPA 151 of 2023 is a Member of Legislative Assembly of West Bengal and leader of a political party. The petitioner in WPA (P) 154 of 2023, states that he is a social worker and a political activist associated with a particular political party. The petitioner in WPA 156 of 2023 also states that he is a Member of an organization and convener of Ram Navami Sobhayatra rally for the year 2023. The petitioner in WPA 162 of 2023 is appearing in person is an Advocate practicing before this Court and a Member of a political party. Though, there may be a slight variation in the prayer sought for essentially the grievances expressed by all the 4 petitioners are identical. Since WPA 151 of 2023 was the first writ petition which was filed, the same is taken as a lead case. In the said writ petition, the petitioner prays for issuance of a writ of mandamus to direct the Central Bureau of Investigation (CBI) to register an FIR into the acts of violence, arson and communal conflagration at Howrah and Dalkhola on 30th March, 2023 on the occasion of Ram Navami and conduct investigation into the same. The petitioner also seeks for issuance of a writ of mandamus to direct the National Investigation Agency (NIA) to conduct investigation into the use of explosive substances, in the violence, arson and communal conflagration in the said areas on 30th March, 2023 on the occasion of Ram Navami. The writ petition was heard on 3rd April, 2023 and this Court passed the following order.
2. The learned Advocate appearing for the writ petitioner has drawn our attention to the representation given by the petitioner to His Excellency The Hon’ble Governor of West Bengal on 30th March, 2023 and to the Hon’ble Union Home and Cooperation Minister, Ministry of Home Affairs, Government of India, New Delhi, which is also dated 30th March, 2023.
3. The concern expressed by the petitioner is that violence still continues in the said areas and there is an absolute failure on the part of the State police in bringing the situation under control. It is also pointed out that in certain areas, the internet connection has also been suspended.
4. There are other learned Advocates, who also seek to file similar writ petitions but, however, the Court made it clear that they will be heard in the matter so that the multiplicity can be avoided. It is submitted by the learned Advocate that in the procession, fire arms were used and this was not prevented by the State police, which led to lot of innocent people being severely injured.
5. The learned Advocate General appearing for the State would submit that the situation is under control and would like to highlight certain other 2 issues such as how the conditions imposed by the Commissioner of Police, Howrah in the licence / permission granted were violated by the groups that joined the procession and also about the cases which have been registered, the arrests already made and statements that have been recorded under Section 161 of the Cr.P.C.
6. Let a comprehensive report be filed by the respondents/State covering all aspects with liberty to produce CCTV and video footages on the next hearing date.
The respondents/State shall ensure that the public of the areas are not in any manner affected by any fresh incident of any violence or arson and the
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Gudalure M.J. Cherian v. Union of India [(1992) 1 SCC 397]
R.S. Sodhi v. State of U.P. [1994 Supp (1) SCC 143 : 1994 SCC (Cri) 248 : AIR 1994 SC 38]
Rajender Singh Pathania v. State (NCT of Delhi) [(2011) 13 SCC 329 : (2012) 1 SCC (Cri) 873]
Vineet Narain v. Union of India [(1996) 2 SCC 199 : 1996 SCC (Cri) 264]
Union of India v. Sushil Kumar Modi [(1996) 6 SCC 500 : AIR 1997 SC 314]
Disha v. State of Gujarat [(2011) 13 SCC 337 : (2012) 2 SCC (Cri) 628 : AIR 2011 SC 3168]
Investigation can be transferred only in rare and exceptional cases where necessary to do justice between the parties and instill confidence in public or where investigation by State police lacks cre....
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
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