In setback to WB govt, Calcutta HC orders NIA probe into Ram Navami clashes across state

A division bench headed by Acting Chief Justice of Calcutta High Court T S Sivagnanam ordered: “The writ petitions are disposed of by directing the concerned police to ensure that all FIRs, documents, materials, CCTV footage, etc be immediately handed over to the authority of the NIA, who on receipt of all the entire materials shall commence investigation and proceed in accordance with the law.”

The court gave the police two weeks to comply.

“The Hon’ble Supreme Court has time and again dealt with the issue under what circumstances the investigation can be transferred from the state investigating agency to any other independent investigating agency like CBI. It has been held that the power of transferring such investigation must be in rare and exceptional cases, where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the state police lacks credibility and (where transferring the probe is) necessary for having ‘a fair, honest and complete investigation’, and particularly when it is imperative to retain public confidence in the impartial working of the state agencies,” the court said.

It added: “In the cases on hand, we prima facie find that there has been a deliberate attempt on the part of the concerned police not to register any offence under the provisions of the Explosives Substances Act.”

Several vehicles, including those belonging to the police, were torched as violent mobs went on a rampage and ransacked shops in Howrah’s Shibpur on March 30.

The clashes had sparked a political slugfest between the ruling Trinamool Congress and the BJP. Chief Minister Mamata Banerjee had accused the BJP of trying to stoke communal tension during the Ram Navami procession. She had alleged that the BJP hired goons from other states to orchestrate communal riots.

TMC MP Abhishek Banerjee Thursday alleged that the BJP had approached the High Court seeking a probe by the NIA, a central body, as they want to avoid being investigated in the state to “escape action”.

Clashes over three days were reported from Hooghly and Dalkhola district as well. In Rishra, the mob allegedly hurled crude bombs at local trains and police vehicles. The court noted from a report by the police that the situation in Rishra had deteriorated to such an extent that internet services had to be suspended.

The BJP welcomed the court’s decision, with state president Sukanta Majumder tweeting, “These riots were pre-planned and instigated with the support of TMC govt. It was triggered by the inflammatory speech of the CM.”

BJP’s state co-incharge Amit Malviya tweeted: “Let us not forget that communal violence broke out on Ram Navami after Mamata Banerjee delivered a provocative speech. She then absolved the minority community of transgression, prejudicing the law enforcement agencies. However, no violence was reported on Hanumanotsav, after central forces were deployed. Mamata is burning down Bengal to further her regressive politics of appeasement.”

Adhikari, the petitioner, said that “the Guardian of the Constitution had instilled confidence in the public once again”.

TMC spokesperson Kunal Ghosh, meanwhile, said that “central agencies always safeguard the BJP”.

Earlier, too, the NIA has taken over probes in the state. An investigation by the agency was ordered into the Mominpur riots in October last year. The Home Ministry had also ordered an NIA investigation into a bomb attack at Barrackpore MP Arjun Singh’s house in September 2020.