Introduction

In the case of Suvendu Adhikari vs State of West Bengal BJP leader Suvendu Adhikari filed a public interest litigation (PIL) petition asking for an NIA investigation into the affair. Adhikari claimed that the State police purposefully did not use the Explosive Substances Act’s restrictions. At least nine people were murdered in the tragedy, according to the PIL petition.

Argument Advance 

Speaking on behalf of the State, Advocate General SN Mookerjee noted that the incident in question occurred in a fireworks factory and that State CID was eventually tasked with investigating after the local police first handled it. He further stated that the CID is continuing its investigation and that some people have been arrested.

The NIA was represented by Deputy Solicitor General Billwadal Bhattacharyya, who argued that the investigation ought to be turned over to the NIA because a scheduled offence had been committed.

Analysis of Court order 

The High Court of Calcutta In relation to the explosion that occurred in a firecracker factory in the Egra area of East Midnapore, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya ordered the State Crime Investigation Department (CID) to register a case under the Explosive Substances Act. The bench also ordered the West Bengal government to abide by the provisions of Section 6 of the National Investigation Agency Act, which requires the State government to forward its report to the Central government.

The court ruled that there is no evidence in the record to suggest that the area is out of law and order, thus sending in paramilitary forces is not necessary. However, the State is free to use force to uphold law and order if it anticipates a crisis. The bench rejected the NIA’s request to take over the case investigation directly. A deployment of paramilitary soldiers in the Egra region was also refused. The State CID will present its “action-taken report” to the Court on June 12 after the bench continues the subject for further hearing.