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The State of West Bengal & Ors. vs. Suvendu Adhikari & Ors.

Not available · 2023 INSC 647Decided 24 Jul 2023
Not available
J.B. Pardiwala · Manoj Misra

Background

Six FIRs were registered by West Bengal police over violent incidents that occurred during Ram Navami observances in 2023 across Howrah, Dalkhola and Serampore. On a public interest litigation, the Calcutta High Court directed that the entire investigation be transferred to the NIA, holding that the allegations attracted the Explosive Substances Act and directing the Central Government to exercise its power under Section 6(5) of the NIA Act. The State of West Bengal challenged this transfer order before the Supreme Court.

Decision Breakdown

While the appeal was pending, the Central Government had already issued its own notification transferring the investigation to the NIA, expressly invoking its independent suo motu power under Section 6(5) of the NIA Act (not merely acting on the High Court's direction). The Supreme Court held that its task was limited to examining whether the Central Government's exercise of Section 6(5) power was extraneous to what the statute permits, not to re-examine the High Court's underlying reasoning. Finding no such infirmity, and noting the notification itself was unchallenged and cognizance had already been taken by the NIA court, the Supreme Court declined to interfere and affirmed the High Court's judgment, clarifying that the High Court's observations were confined to the narrow question of the NIA's jurisdiction.

Lesson Learnt

Once the Central Government independently invokes its own suo motu power under Section 6(5) of the NIA Act to transfer a case, a court challenge must target that notification itself: merely attacking the earlier High Court order that preceded it will not succeed, because the Central Government's independent statutory action can stand on its own footing.

Official source (sci.gov.in)View Judgment (PDF)

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