Kolkata: The Calcutta High Court came down heavily on the West Bengal Police for “underplaying the true state of affairs” in last month’s Ram Navami violence and ordered the probe be handed over to the National Investigation Agency (NIA).
Delivering the judgment Thursday, Acting Chief Justice T.S. Sivagnanam ordered the police to transfer all FIRs, documents, materials seized, CCTV footage immediately to the NIA for investigation.
Leader of the Opposition and BJP MLA Suvendu Adhikari had moved the high court on 3 April seeking a CBI/NIA probe into the Ram Navami violence that broke out in Howrah, Hooghly and Uttar Dinajpur districts.
Violence broke out 30 March during the Ram Navami celebrations in Howrah’s Shibpur and spread to Dalkhola in Uttar Dinajpur and Rishra in Hooghly district over the next three days. Over dozens injured, including several police personnel, were left injured in a spate of clashes.
The high court had sought a detailed report from the Howrah Police Commissionerate, the Chandannagar Police Commissioner, the Islampur Police Superintendent and the Criminal Investigation Department (CID) by 5 April on FIRs filed statements recorded and arrests made related to the Ram Navami violence.
“We are convinced that no useful purpose would be served by directing the state police to register cases under the Explosives Substances Act or under any other scheduled act as the matter has travelled beyond the said stage and it is a fit case where the entire investigation should be transferred to the National Investigation Agency with a direction to the Central Government to exercise their power,” the bench of Acting Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya said in its order.
ThePrint has a copy of the order.
In its order, the HC noted that there had been recurring use of explosive substances, hurling of bombs during processions and rallies in West Bengal.
“Probably the state having been directed by this court in more than 8 orders to transfer the matter to NIA, in the present incidents they have underplayed the true state of affairs which in our view should not be permitted,” it said.
“Documents which are appended to the reports submitted by Commissioner of Police Chandannagar, Police Commissionerate will clearly reveal that scheduled offences have been committed despite the same, the state police have not registered offences under the Explosives Substances Act.”
In the list of articles in the seizure list drawn, one column has been left blank and all the four reports have been prepared by the very same officer as the handwriting is identical, the high court said.
“It is hard to believe that the very same person was able to draw five seizure reports within a short span of time. We find the seizure report not reflecting the true state of affairs especially considering the nature of offences which have been registered in the various FIRs could not have been as a result of the minimum number of weapons and glass bottles which have been seized,” it added.
While the BJP welcomed the ruling, the Trinamool Congress said the opposition party has reasons to be happy as the central agencies “only target the opposition”.
Adhikari tweeted that the high court “once again pointed out the mischief of the State Government in their attempt to suppress facts for avoiding investigation by the NIA”.
The Guardian of the Constitution instilled confidence in the public once again by directing @NIA_India probe into the attacks and disturbances concerning the Ram Nabami processions in West Bengal. The Hon’ble High Court at Calcutta has once again pointed out the mischief of the… pic.twitter.com/wm03484yGo
— Suvendu Adhikari • শুভেন্দু অধিকারী (@SuvenduWB) April 27, 2023
BJP state chief Sukanta Majumdar welcomed the court order and alleged that the riots were “triggered by the inflammatory speech of Chief Minister Mamata Banerjee”.
Welcome the Calcutta HC decision to transfer the violence incidents happened on Ram Navami in WB to NIA. These riots were pre-planned and instigated with the support of TMC govt. It was triggered by the inflammatory speech of the CM @MamataOfficial. https://t.co/6MaStd1aOp
— Dr. Sukanta Majumdar (@DrSukantaBJP) April 27, 2023
“BJP will welcome this order and dance because the moment Central agencies come into the picture, their wrongdoings get overlooked and brushed under the carpet. Central agencies don’t act against BJP leaders but only target the opposition,” TMC spokesperson Kunal Ghosh told ThePrint.
(Edited by Tony Rai)
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