Ram Navami Violence | Further Delay By State In Handing Over Investigation Files To NIA Would Be “Absolutely Contemptuous”: Calcutta High Court

The Calcutta High Court today directed the State authorities to immediately handover all relevant investigation reports and files on the violence that occurred during Ram Navami celebrations in West Bengal to the National Investigation Agency (“NIA”).

The probe was transferred to NIA on orders passed by a Division Bench of the High Court, which were affirmed by the Supreme Court while dismissing an SLP filed by the State on 24^th July.

A single-bench of Justice Jay Sengupta held that the State’s challenge to the NIA Act could not come in the way of compliance of Court orders, and in any case, the point on vires of the NIA Act was not urged before the SC. It said:

The State had not raised any plea before the Hon’ble Division Bench, inter alia, challenging the vires of the National Investigating Agency Act. This issue was apparently not taken up by the State during hearing of the Special Leave Petitions before the Hon’ble Apex Court. If the State wants to take up such new issue before this Court, the same can fairly be contemplated by filing an appropriate application in due course. But, this cannot come in the way of complying with the directions passed by the Hon’ble Division Bench of this Court as affirmed by the Hon’ble Supreme Court.

The directions were to be complied within two weeks from the date of judgment of the Hon’ble Division Bench i.e., 27.04.2023. At least after the pronouncement of the verdict by the Hon’ble Supreme Court on 27.04.2023, the same should have been immediately complied with. Any further delay in complying with the solemn directions would be absolutely contemptuous. In view of these, this Court can not even have the luxury of extending the time for compliance, except for fixing a fair and practicable timeline for physical transmission of the documents. Therefore, this Court directs the State respondents to comply with the directions passed by the Hon’ble Division Bench of this Court, as affirmed by the Hon’ble Apex Court, and immediately hand over all the investigation file of the cases as mentioned in prayer ‘C’ of the writ petition. The directions passed by the Hon’ble Division Bench shall positively be complied with by tomorrow i.e. 01.08.2023 at 12.00 PM.

The Court was hearing NIA's petition under Article 226 of the Constitution seeking a direction to the State to handover all its investigation reports and materials on the Ram Navami violence.

NIA counsel submitted that after the violence broke out and the matter reached the High Court, a Division Bench directed the concerned police authorities “to ensure that all the FIRs, documents, materials seized, CCTV footage etc. be immediately handed over to the appropriate authority of the National Investigation Agency, who on receipt of all the entire materials, shall commence investigation and proceed in accordance with law.” It was submitted that although the State was mandated to comply with the aforesaid directions, they failed to do so on repeated occasions.

State on the other hand submitted that it had already filed another writ petition, challenging the vires of the NIA Act, and an order by the Ministry of Home Affairs, which ought to be heard with the present matter.

Upon hearing all arguments, and in conclusion, the Court observed:

“By an order dated 27.04.2023 passed by this Court on a Division Bench in WPA (P) 151 of 2023, the State was directed [to transfer investigation to NIA]. Even after such directions were passed, the State did not adhere to the same. The petitioners requested the concerned authorities to comply with the order. On 22.06.2023, when the present petitioners moved the present application, this Court directed the State to comply with the order. It further appears that finally the State preferred Special Leave Petition before the Hon’ble Apex Court. By an order dated 24.07.2023 passed by the Hon’ble Apex Court, the Hon’ble Apex Court disposed of the Special Leave Petitions by recording that they were not inclined to entertain the Special Leave Petition for the reasons indicated. Even then, the directions were contumaciously not complied with. Therefore, now there is no ploy left to the State not to deliver the relevant documents to the NIA.”

Case: The National Investigation Agency & anr. vs State of West Bengal & ors.

Coram: Justice Jay Sengupta

Citation: 2023 LiveLaw (Cal) 202

Click Here To Read/Download Order