3 months ago
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The Supreme Court connected Wednesday (February 11, 2026) questioned the National Investigation Agency (NIA) arsenic to whether it was “fair and just” to invoke the draconian Unlawful Activities (Prevention) (UAPA) Act successful the Beldanga unit lawsuit successful West Bengal without adjacent looking astatine immoderate worldly oregon evidence, and word it arsenic a “terrorist act” affecting the economical information of the nation.
“Is it conscionable and just to workout your powers similar that? The lawsuit diary and different documents were not placed earlier you. It is simply a pre-decisional decision arrived astatine without looking astatine immoderate material, and you accidental Section 15 (terrorist act) of the UAPA is applicable?” Justice Joymalya Bagchi, a subordinate of the Bench headed by Chief Justice of India Surya Kant, asked the Central agency’s counsel, Additional Solicitor General S.V. Raju.
Violence erupted successful Beldanga connected January 16 pursuing the decease of a migrant idiosyncratic hailing from the country successful the neighbouring State of Jharkhand. Large numbers of radical took to the streets, blocking railway tracks and a National Highway for respective hours. At slightest 12 radical were injured successful the clashes, and astir 30 were arrested for inciting violence.
“Every affectional outburst cannot beryllium packaged arsenic affecting economical security,” Justice Bagchi remarked.
The Calcutta High Court had, connected January 20, issued assorted directions connected the ground of petitions filed by Bharatiya Janata Party (BJP) person Suvendu Adhikari and others, including leaving it unfastened to the Central authorities to behaviour probe by invoking Section 6(5) of the NIA Act.
On January 26, the Union Ministry of Home Affairs had directed the NIA to instrumentality up the probe of the lawsuit registered by the Beldanga Police successful Murshidabad territory nether the assorted statutes, including the West Bengal Maintenance of Public Order Act, the National Highways Act, the Bharatiya Nyaya Sanhita, and the Prevention of Damage to Public Property Act.
The West Bengal government, represented by elder advocator Kalyan Banerjee and advocator Kunal Mimani, had moved the Supreme Court, arguing that determination was nary worldly to pull Section 15 of the UAPA successful the case. They submitted that nary of the scheduled offences nether the UAPA was committed successful the case.
Mr. Raju countered that the State authorities had not passed connected the probe worldly oregon lawsuit records to the NIA. He submitted that the incidental of unit was not an “isolated incident” successful the State. Petroleum was utilized and members of a peculiar assemblage was targetted successful the violence. The instrumentality serviceman said the State Police had a statutory work to manus implicit the lawsuit papers. The NIA was conducting an autarkic probe connected the ground of the High Court order.
Justice Bagchi said the NIA has to look into whether the unit whitethorn person been an “impromptu expression” of anguish by the people, and not intended to origin economical insecurity. The Bench said the High Court whitethorn person to re-examine the issue.
The tribunal ordered the NIA to record a presumption study successful the High Court successful a sealed screen aft oregon during its probe arsenic to whether determination was prima facie worldly to marque retired a lawsuit nether the UAPA oregon not.
The High Court was asked to see the presumption report, erstwhile filed, and walk consequential orders.
Migrant idiosyncratic from Beldanga ‘died by suicide’ successful Jharkhand, says West Bengal Police
“The NIA is progressive lone successful the State of West Bengal,” Mr. Banerjee remarked.
“What happens successful West Bengal is well-known,” Mr. Raju retorted. To this, Mr. Banerjee reacted: “You volition recognize aft a fewer days.”
Justice Bagchi intervened to constituent retired that the Supreme Court was lone acrophobic with the ineligible issues regarding the case. Chief Justice Kant besides underscored that the apex tribunal was not delving into the facts of the case.
“The instrumentality volition instrumentality its ain course,” Chief Justice Kant observed orally.
The tribunal asked the NIA to attack the High Court to nonstop the State to walk connected the lawsuit papers to the Central agency.
