West Bengal, India: On April 27, the Calcutta High Court transferred the probe, and directed the West Bengal Police to hand over all documents including FIRs, case papers, seized materials, footage, etc concerning the violence which occurred during Ram Navami celebrations in the state to the National Investigation Agency (NIA).
The Court said, “We are convinced that no useful purpose would be served by directing the State Police to register cases against those, who used acid bottles and petrol bombs etc under the Explosive Substances Act as the matter has travelled beyond that stage and it is fit case to transfer the investigation to the NIA.”
The Court noted that according to IC Serampore Police’s report, the mob “started to assault police personnel with bamboo sticks, iron rods, stones, bricks, swords, displaying fire arms with a view to kill police personnel and therefore police team used mild force upon the unlawful mob to disperse them and during the time of dispersal the mob stole some body protecting equipment of police personnel as a result of which several policemen received bleeding injuries on their person and head. In the other seizure lists which have been drawn on 03.04.2023 records seizure of swords.”
The Court said, “Thus, from the above facts it is evidently clear that despite the offences being committed under the Act mentioned in the schedule to the NIA Act, no case has been registered under the provisions of such Act. It raises a series doubt in our minds as to whether this was a deliberate attempt by the investigating police fighting shy of resorting to the procedure required to be complied with under Section 6(1) of the NIA Act.”
The Court said that the state police has underplayed the true state of affairs as the police have been directed to transfer the probe to the NIA in more than 8 cases. The Court said, “the state police having been directed by this Court in more than 8 orders to transfer the matter to the NIA, in the present incidents they have under played the true state of affairs which in our view should not be permitted.”
The Court observed on the genuine apprehensions of devotees about violence on Hanuman Jayanti celebrations, “Considering the fact that there was a genuine apprehension in the mind of the public as brought on record by the writ petitioner in WPA No. 151 of 2023 apprehending serious violence during Hanuman Jayanti, the court had to direct central agency to be deployed which our direction was complied with and it appears that the Hanuman Jayanti festival passed off without any serious incidents.”
Furthermore, the Court said that it prima-facie found that there was a deliberate attempt of the police to not register offences under the Explosive Substances Act. The Court said, “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. There is also mention about the acid bottles and if be so, necessarily offence under the scheduled Act having been committed, the procedure under Section 6(1) of the NIA Act should have been resorted to.”
The Court concluded, “In the result, the writ petitions are disposed of by directing the concerned police 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.” Furthermore, the Court stated that the police shall hand over the materials to the NIA within a period of two weeks from the order’s date.
Pre-Planned Ram Navami Attack
On April 10, the Court reserved the judgement in BJP leader and Leader of Opposition Suvendu Adhikari’s Public Interest Litigation (PIL) seeking an NIA probe in the case.
The Court orally remarked on the West Bengal Government’s arguments and said that the matter appears to be serious enough as the reports prima facie suggest that the violence was pre-planned. The Court said that the central agencies will be better placed to probe the matter. Furthermore, the Court observed that the West Bengal Police used pellet guns and tear gas to disperse the crowd which hints that the case may be of large scale violence.
The Court made oral observations that the reports prima facie show that the incidents of violence were all pre-planned as stones pelted from rooftops could not have been taken there within 10-15 minutes. The Court said there was an intelligence failure. The Court said, “Reports prima facie show they (violent incidents) were all pre-planned. There is an allegation that stones were pelted from the rooftops, obviously, stones could not have been taken in 10-15 minutes to the rooftop…There was an intelligence failure,” Live Law reported.
Furthermore, the Court insinuated that there might be a larger conspiracy said, “The problem is two-fold. One is whether it is between two groups. The other is, a third group could be taking advantage of the situation. If that group is involved, then this needs to be probed by a central agency because it is difficult for the state police to find out. Who has come in to take advantage?… Somebody would have set the fire, set the ball rolling, so, to identify that outside source unless a central agency comes, you cannot probe,” Live Law reported.
Furthermore, the Court noted that swords, bottles, broken glasses, and acid were used in the violence and that the internet was restricted from showing incidents of large-scale violence.
The Court also observed that in the recent past, there have been various incidents of large-scale violence in West Bengal during religious events. The Court said, “”…within 4-5 months, the state has got 8 orders of the High Court and all these matters concern to violence during religious events. Does it not reflect something else? In my 14 years of being a Judge, I have not seen so many orders…Is it incapacity of Police, or failure of intelligence, sensitization of the officers at the lower level, what is it?” Live Law reported.
The Court questioned the West Bengal Government’s counsel on why the state’s reports do not mention explosives and bombs even though the same was widely covered in the media. The West Bengal Government’s counsel denied the allegations concerning the use of bombs and explosives and said that the same are baseless.
