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WB govt moves SC against HC order for NIA investigation

The Supreme Court on Thursday heard the petition filed by the State of West Bengal against Calcutta High Court order transferring the investigation in the cases related to Ram Navami violence to National Investigation Agency (NIA). A bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala decided to continue […]

The Supreme Court on Thursday heard the petition filed by the State of West Bengal against Calcutta High Court order transferring the investigation in the cases related to Ram Navami violence to National Investigation Agency (NIA). A bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala decided to continue hearing the case tomorrow i.e., 19th May, 2023. Senior Advocate Dr. Abhishek Manu Singhvi, appearing for the State Government, stated that the NIA Act cannot be invoked for ordinary cases of violence unless it threatens the country’s security or sovereignty. The bench did note, however, that the Explosive Substances Act of 1908 is a scheduled offence under the NIA Act, and the High Court ruled that the police purposefully failed to invoke this statute in the FIRs filed in connection with the violence. According to Advocate Singhvi, there is no instance of using explosives in order to invoke the Explosive Substances Act.

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