NIA to probe Bardhaman blast

Bengal government legally bound to hand over evidence

October 10, 2014 02:52 pm | Updated September 23, 2017 12:52 pm IST - Kolkata

Two women accused in the blast being escorted to the CID headquarters in Kolkata on Wednesday.

Two women accused in the blast being escorted to the CID headquarters in Kolkata on Wednesday.

: The National Investigation Agency (NIA) will probe the Bengal blast case. The Union Home Ministry has ordered to register a case under the NIA Act and instructed its officials accordingly, a senior Home Ministry official in Delhi confirmed on Thursday.

The West Bengal Government will now “be legally bound” to hand over relevant evidence and documents relating to the Bardhaman blast to NIA officials, who are expected to arrive in the city shortly. Last week’s blast had killed two people in a semi-urban, middle class colony in the Bardhaman district on October 2. According to the police, the blast has brought to the fore “a terror network”, hitherto unknown in West Bengal. The Opposition demanded an NIA probe soon after the blast, allegedly a handiwork of extremist groups, located in a neighbouring country.

Finally, on Thursday evening the Union Home Ministry ordered an NIA probe. “Now, the (NIA) officials will visit the State, talk to the officials, register a case and start the probe afresh,” a senior official of the Ministry, told The Hindu .

The Ministry’s order effectively means the State police will cease to have any right to investigate the Bardhaman blast. The NIA Act of 2008 specifies that the State Governments are legally bound to assist the Central Agency, once the probe is handed over. “The State Government shall extend all assistance and co-operation to the Agency for investigation under the Scheduled Offences,” the Act says.

‘Trinamool resisting NIA’

The order will put to rest the debate about the role of the State Government. The Opposition parties were claiming that Trinamool Congress was “resisting” an NIA probe in the Bardhaman blast case. Interestingly, the NIA ACT of 2008 does not need State Government’s consent to hand over the probe to the Central Agency. On the basis of reports from the State Government or intelligence inputs “received from other sources” the Central Government can, unilaterally, hand over the probe to the NIA, without consulting the State Government.

Chapter III, paragraph 6/5 of the NIA Act of 2008, passed during previous UPA regime, says: “…if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.”

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