New Delhi, Feb 11: The Supreme Court on Wednesday asked the National Investigation Agency to file a report in a sealed cover before the Calcutta High Court, justifying the invocation of a UAPA provision pertaining to terror acts in a case related to repeated incidents of violence and unrest in West Bengal’s Murshidabad district.
Disposing of an appeal of the West Bengal government, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi also asked the state government to approach the high court with its grievances against the National Investigation Agency (NIA) probe into the Murshidabad violence case.
The top court said the Calcutta HC can also examine the state government’s challenge to the Centre’s decision to order an NIA probe in the case.
During the hearing, the bench asked the NIA what was the basis for invoking the provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA), to justify its probe into the recent violence at Beldanga in Murshidabad.
The NIA, which was handed over the probe by the Ministry of Home Affairs (MHA) on January 28, invoked Section 15 (1) (a) of the UAPA in the case.
The provision deals with terrorist acts, which can be slapped on whoever indulging in any act with an intent to threaten the unity, integrity, security, economic security, or sovereignty of India or with an intent to strike terror.
The provision is attracted if “bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases” are used in terror acts.
The bench asked the NIA to file a report in a sealed cover on this aspect in the Calcutta High Court.
It also noted that so far, the state police did not hand over the case diary or relevant documents to the NIA, when the agency concluded that UAPA provisions were attracted in the case. “Without looking into the documents, you have said Section 15 of UAPA is justified. The case diary was not placed before youâ?¦ This is a pre-decisional conclusion. Every emotional outburst cannot be packaged as a threat to economic security,” the bench said.
It also referred to similar violence that took place in April 2025, observing that despite the high court granting liberty to the NIA to examine whether it could probe the matter, the agency did not act promptly.
“In April 2025, we saw this kind of violence and the state government also agreed (to an NIA probe). The high court’s division bench asked the NIA to see if a probe can be conducted. But then, the NIA slept over it!” Justice Bagchi said.
The bench was hearing two petitions filed by the West Bengal government challenging the NIA’s probe into the January violence in Beldanga.
One petition assails the Calcutta High Court’s January 20 order observing that it would be open to the Centre to consider an NIA investigation, while the other challenges a January 28 order of the MHA directing the NIA to take over the case.
Additional Solicitor General SV Raju, appearing for the NIA, defended the agency’s decision, citing the use of deadly weapons and the proximity of the area (Beldanga) to the Bangladesh border. “This is a porous border near Bangladesh. There was violence and deadly weapons were usedâ?¦We are doing an independent investigationâ?¦ They (state police) are not handing over the probe papers to us. Please direct them to do so,” he submitted, alleging non-cooperation by the state.
Senior advocate Kalyan Banerjee, representing the West Bengal government, accused the NIA of selective action. “The NIA is active only in West Bengal!” he said, drawing a sharp rebuttal from the ASG Raju, who said, “Sorry to say, it is well known what is happening there.” The top court refrained from examining the merits of the dispute and directed that the matter be considered by a division bench of the Calcutta High Court headed by its chief justice, before whom related proceedings are already pending. (PTI)
