Work Chief Justice T.S. A division bench headed by Sivagnanam directed the state police to ensure that all preliminary documents, recorded material and sequence footage are immediately handed over to the NIA within two weeks from the date of receipt of the copy of this order.
The court also directed that the NIA ‘start examining all the material received and proceed in accordance with law’. Pronouncing the verdict on the petitions, the students said, “In the present cases, we prima facie find that no attempt has been made by the police concerned to register a case under the Deceptive Substances Act.”
The court observed that it was of the view that the matter has progressed beyond the stage of preliminary registration, no useful purpose would be served by directing the State Police to register a case under the Explosive Substances Act or any other Information Act, therefore the matter It will be possible to hand over the investigation to the NIA.
On March 30, during the Ram Navami festival, clashes broke out between two flags in Shibpur area of Howrah. During this, attention was paid to many important things and budget was put in the shops. Violence was also reported during the procession in Rishra on the evening of 2 April.
Citing an FIR related to the alleged hurling of bombs during the violence in Richheda on April 2, a division bench of Terramira Bhattacharya noted that the police did not register any case under the Explosive Substances Act. The court, citing a police report, also said that the situation in Rishera has deteriorated to such an extent that internet jobs have messaged.
The court also took note of a representation from the Additional District and Sessions Judge of ‘Diamond Harbour’ in South 24 Parganas district to the Registry of the High Court. The District Judge noted the ‘safety of his family living in Rishra and the cause for concern even as there has been no response from the police, despite their requests to the local police’.
The petitioner claimed that since the bombs were thrown, the provisions of the Explosive Substances Act, 1908 should be invoked and hence the investigation by the NIA.
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