Suvendu Adhikari Finds Hope in Calcutta HC's Remarks on NIA Investigation of Murshidabad Violence
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Synopsis
Suvendu Adhikari sees a positive aspect in the Calcutta High Court’s observations on the NIA probe into Murshidabad violence, emphasizing the Union government's authority to act without state consent. He appreciates the court's discretion and acknowledges the Red Cross for their relief efforts.
Key Takeaways
- Suvendu Adhikari welcomes Calcutta HC's observations.
- Union government has discretion over NIA investigations.
- NIA can act without state directives.
- Section 6 of NIA Act empowers the Union Government.
- Red Cross contributions are acknowledged for relief efforts.
Kolkata, April 18 (NationPress) Despite a special division bench of the Calcutta High Court not issuing a direct command for a National Investigation Agency (NIA) inquiry into the Murshidabad violence, the Leader of Opposition in the Assembly, Suvendu Adhikari, has identified a positive aspect in the court's remarks.
As stated by the LoP, since the court has explicitly highlighted the constitutional authority of the Union government to determine the NIA investigation, the Centre now has the liberty to make a decision on this issue.
“I fully appreciate the Calcutta High Court’s comment on the complete discretion of the Union Government regarding the deployment of Central Forces, as well as the observation that the Union Government possesses the power to initiate an NIA inquiry,” remarked Adhikari.
Furthermore, the significance of the Calcutta High Court’s observation cannot be understated; unlike the Central Bureau of Investigation (CBI), which can only assume control of a probe in state matters if sanctioned by a court or approved by a state government, the NIA does not require such directives to enter into any investigation across India.
The NIA has the authority to commence a suo motu investigation, and the Union Government can instruct the agency to look into a scheduled offence even without a preliminary report or request from a state government, should it find it necessary. This authority is conferred under Section 6 of the NIA Act, 2008.
Indeed, the special division bench, comprising Justice Soumen Sen and Justice Raja Basu Chowdhury, emphasized the Union government's authority in its order on Thursday.
“In any circumstance, the Central government holds the power under Section 6(5) to mandate an NIA investigation suo motu if it is of the opinion that scheduled offences necessitate investigation under the NIA Act of 2008,” stated the order copy.
Adhikari also expressed his appreciation to Governor C.V. Ananda Bose for his previous direction to the Red Cross Society to assist those impacted in the affected areas of Murshidabad.
“I extend my heartfelt gratitude to the Red Cross Bengal for their relentless and extensive relief efforts. Their empathy and prompt actions have provided hope and assistance to those suffering from the recent turmoil,” concluded the LoP.
