Case Note & Summary
The Supreme Court of India heard an appeal by the State of West Bengal against a Division Bench order of the Calcutta High Court dated 27 April 2023. The High Court, while hearing a Public Interest Litigation, had directed the transfer of investigation of six First Information Reports (FIRs) registered in connection with incidents during Ram Navami observances to the National Investigation Agency (NIA) under Section 6(5) of the National Investigating Agency Act, 2008. The FIRs pertained to incidents on 30 March, 31 March, 2 April, and 3 April 2023, involving allegations of use of bombs and other offences under the Explosive Substances Act. The High Court was influenced by two primary grounds: first, that FIR No. 141/2023 contained allegations of bomb use, and second, that all four seizure memos appeared to be in the same handwriting. The State of West Bengal challenged this order, arguing that the injuries sustained by the complainant in FIR 141/2023 were only abrasions, inconsistent with bomb use, and that seven different police officers had prepared the seizure memos, explaining any similarity. The Supreme Court, after hearing senior counsel for the State, the Solicitor General for the NIA, and counsel for the original petitioner and an intervenor, found that the High Court's grounds were insufficient to justify transfer. The Court noted that the police had already acted promptly and that the investigation by the State police was adequate. Consequently, the Supreme Court allowed the special leave petitions, set aside the High Court's order, and directed that the investigation continue under the State police.
Headnote
A) Criminal Procedure - Transfer of Investigation - Section 6(5) National Investigation Agency Act, 2008 - High Court's power to direct Central Government to exercise power under Section 6(5) - The High Court, acting on a PIL, directed transfer of investigation of six FIRs to NIA on grounds of alleged use of bombs and similarity in handwriting of seizure memos. The Supreme Court held that the High Court exceeded its jurisdiction as the grounds were insufficient to warrant transfer, noting that injuries were minor abrasions inconsistent with bomb use and that seven different police officers prepared the seizure memos. Held that the State police investigation was adequate and the order of transfer was set aside. (Paras 1-6)
Issue of Consideration
Whether the High Court was justified in directing transfer of investigation of six FIRs to the National Investigation Agency under Section 6(5) of the NIA Act, 2008, based on allegations of use of bombs and similarity in handwriting of seizure memos.
Final Decision
Supreme Court allowed the special leave petitions, set aside the High Court order dated 27 April 2023, and directed that the investigation continue under the State police
Law Points
- Transfer of investigation to NIA
- Section 6(5) of NIA Act
- 2008
- High Court's power to transfer investigation
- Explosive Substances Act
- 1908
