Kolkata, April 18 Although a special division bench of the Calcutta High Court refrained from giving a direct order for National Investigation Agency (NIA) probe into Murshidabad violence, the Leader of Opposition in the Assembly, Suvendu Adhikari, has found a silver lining in the court’s observation.
According to the LoP, with the court clearly outlining the constitutional freedom of the Union government to decide about the NIA probe, the Centre is now free to take a call on the matter.
“I wholeheartedly welcome the observation of the Calcutta High Court regarding full discretion of the Union Government regarding deployment of Central Forces as well as the observation regarding the Union Government being already empowered to direct an NIA probe,” said Adhikari
More so, the Calcutta High Court’s observation is significant since, unlike the Central Bureau of Investigation (CBI), which can take charge of a probe in any state matter only if directed by any court or cleared by any state government, NIA does not require a court direction or state government clearance for enering any investigation in any matter anywhere in India
NIA can make a suo motu entry into any investigation, and the Union Government can direct the agency to investigate a scheduled offence, even without prior report or request from a state government, if it deems it necessary. This power is granted under Section 6 of the NIA Act, 2008.
In fact, the special division bench of Justice Soumen Sen and Justice Raja Basu Chowdhury, in the order on Thursday, had exactly highlighted the authority of the Union government on this count.
“In any event, the Central government has a power under Section 6(5) to direct NIA investigation suo motu if the Central Government is of the opinion that the scheduled offences have been committed, which is required to be investigated under the NIA Act of 2008,” read the order copy.
Adhikari has also expressed gratitude to Governor C.V. Ananda Bose for the latter's earlier direction to the Red Cross Society to provide support to the affected people in the troubled pockets of Murshidabad.
“I also express my heartfelt regards to the Red Cross Bengal for their tireless and extensive relief work. Their compassion and swift action have brought hope and aid to those in need, who are affected by the recent crisis,” the LoP said.
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