Kolkata: Calcutta High Court on Friday questioned whether local cases can be given to National Investigation Agency (NIA), who are supposed to investigate offences affecting national security and sovereignty.
Justice Tirthankar Ghosh was hearing a case regarding an incident in which bombs were hurled outside the house of BJP neta Arjun Singh wherein Singh, dissatisfied with the local police probe, demanded for transfer of case to NIA. The judge cast doubt whether the case satisfies the preamble of NIA.
"NIA is constituted for specific purpose – the act (NIA Act, 2008) construe an investigation agency at a national level to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of state, relation with foreign states and offences under the act enacted to implement international treaties, agreement, convention and resolutions of the United Nations (UN) and other international organisation for matter connected with…" Justice Ghosh said.
In Singh's case, the accused persons were granted bail because of the alleged dilution of sections. Singh's counsel stated that since there was an explosion, the case attracts Explosive Substances Act, which makes Section 6 of the NIA Act, 2008, come into play. His case was that the state agency was trying to protect the accused persons.
Dissatisfied with the accused persons being granted bail in an attempted murder case, Justice Ghosh asked why the case diary was not provided. "On perception passing an order dissatisfied with the state agencies is another thing but it needs to be taken into consideration whether it can be transferred to NIA or not," he stated, while adding, "This is a heinous offence, I don't dilute this."
During the proceedings, the judge observed: "One judgment I deliver on this, a series of litigation will follow. These are small agencies. Going by the nature of offences complained of, a floodgate will open. Same thing will happen – no investigation will be done, only arrests and stagnating circumstances."
Justice Ghosh asked the counsel representing NIA on their strength in the state. The counsel replied: "Staff is very limited. Three to four officers have been transferred over here. Since there are some cases, hence we are having officers from other cadres."
The case may be heard on Jan 2. Justice Ghosh has asked Singh's counsel to justify their demand for NIA and he will further look into the matter.