The Supreme Court refused to interfere with the NIA investigation into the Beldanga violence in West Bengal. The Court said the Calcutta High Court had taken a “balanced view” while examining whether a prima facie case under UAPA exists.
The Supreme Court of India on Monday refused to entertain an appeal filed by the Government of West Bengal challenging an order of the Calcutta High Court that allowed the National Investigation Agency (NIA) to continue its investigation into the violence that took place in Beldanga in West Bengal’s Murshidabad district.
A Bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the High Court had already adopted a reasonable approach in the matter. The Bench noted that the High Court had allowed the investigation to continue while simultaneously examining whether the material placed by the investigating agency makes out a case under the Unlawful Activities (Prevention) Act (UAPA).
While declining to interfere with the High Court’s order, the Supreme Court remarked that the High Court had taken a “balanced view” in the case. According to the Bench, the High Court was correctly assessing whether the material submitted by the NIA establishes a prima facie case for investigation under UAPA.
The case originates from violence reported in Beldanga, located in Murshidabad district of West Bengal. During the early stage of the proceedings, a trial court had ordered that the case diary related to the incident be handed over to the NIA so that the central agency could examine the matter and proceed with the investigation.
The decision of the trial court was later upheld by the Calcutta High Court. While doing so, the High Court also directed the NIA to submit a detailed report on the investigation by March 24.
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The High Court Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen observed that further scrutiny of the materials was necessary. The Bench stated that the exercise was required
“to come to a logical conclusion as to whether a prima facie case for investigation under UAPA was made out.”
Following the High Court’s decision, the State government approached the Supreme Court seeking a stay on the NIA investigation.
Earlier, on February 11, the Supreme Court had already asked the Calcutta High Court to examine the NIA’s report carefully and determine whether the documents and evidence presented by the agency disclosed a prima facie case under UAPA in connection with the Beldanga violence.
When the matter was taken up again on Monday, Justice Joymalya Bagchi pointed out that access to the case diary was necessary for the NIA to carry out its investigation properly. He further clarified that the High Court must assess whether the report submitted by the agency actually establishes a prima facie case under the anti-terror law.
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After considering the submissions, the Supreme Court concluded that there was no reason to interfere with the High Court’s order. The Bench therefore declined to stay the proceedings before the High Court and allowed the investigation process to continue.
Senior Advocate Kalyan Banerjee appeared on behalf of the State of West Bengal, while Senior Advocate Siddharth Luthra represented Leader of Opposition Suvendu Adhikari during the hearing before the Supreme Court.
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