The National Investigation Agency (NIA) challenged a’molestation’ case filed by the Bengal Police in the Calcutta High Court. The case revolves around allegations of molestation against a senior officer of the NIA. The Bengal Police had filed the case based on a complaint lodged by a woman, and the matter has since become a subject of legal contention between the two law enforcement agencies.
KOLKATA: Today (10th April): The Calcutta High Court criticized the state police for registering an FIR against a National Investigation Agency (NIA) officer following a confrontation during a raid in West Bengal. The court expressed concern over the actions of the state police and questioned the validity of the FIR.
The National Investigation Agency (NIA) approached the Calcutta High Court, requesting the quashing of an FIR filed against its officials. The officials were involved in a raid conducted in Bhupatinagar, West Bengal, as part of an ongoing investigation into a blast case. The NIA has also sought interim protection from any coercive action by the state police against its officials.
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Background:
The NIA officials were in Bhupatinagar, located in East Midnapore district, to arrest two individuals connected to a blast that occurred in December 2022, resulting in the unfortunate demise of three individuals. The officials faced hostility from a mob during their return journey, leading to one of them sustaining injuries.
Subsequently, an FIR was registered based on a complaint filed by the NIA officials themselves, detailing the attack they endured. However, in a twist, a case was initiated against the central agency officials based on a complaint filed by some villagers. The villagers accused the officials of theft and outraging the modesty of women.
The NIA approached the Calcutta High Court seeking the quashing of the FIR filed against its officials. Justice Jay Sengupta granted permission for the application to be filed and heard during the post-recess session. The agency’s counsel, Arun Kumar Mohanty, stated that the petition also seeks interim protection for NIA officials from any coercive action by the state police.
The High Court stated that the NIA officials conducted the raid following the law and that the law does not require the NIA to seek permission from the state police. The court found it concerning that the state police registered an FIR under Section 325, which pertains to voluntarily causing grievous hurt, despite the medical report indicating only minor scratches and pain.
Until the next hearing, the accused cannot be arrested by the state police, and no final report can be filed. The court has allowed the questioning of the accused NIA officers through video conference with a 72-hour notice, and the interrogation will be recorded.
Previously, the Bengal police had summoned two NIA officers as witnesses in the case and requested one of the injured NIA officers to provide medical records and the allegedly attacked car for forensic examination.
The court scheduled a hearing on April 29 and has instructed the state police to submit the case diary.
