The Calcutta High Court on Thursday directed the State Crime Investigation Department (CID) to open an investigation into the explosion at a firecracker factory in Egra under the Explosive Substances Act.
A bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya also directed the West Bengal government to follow the provisions of Section 6 of the National Investigation Agency Act (NIA act), which requires the State government to report to the Central government if a ‘scheduled offence’ occurs in the state.
“We are of the prima facie view that provisions of the Explosive Substances Act will be attracted. Therefore, we order the State CID to invoke the said provisions and adhere to the provisions of the NIA act and report in this regard be placed before us on June 12,” the bench directed.
It, however, refused to transfer the investigation to the NIA directly. It also refused to order paramilitary forces to be deployed in the Egra region.
“There is no material on record to indicate any law-and-order situation in the area thus no question of deploying paramilitary forces. However, if the State thinks that a situation may arise, it would be free to deploy forces to maintain law and order,” the bench stated.
The order was passed in response to a public interest litigation (PIL) petition filed by BJP leader Suvendu Adhikari, who requested that the NIA investigate the case. Adhikari claimed that the State Police purposefully avoided invoking provisions of the Explosive Substances Act.
The PIL petition emphasized that at least nine people were killed in the incident.
Appearing for the State, Advocate General SN Mookerjee stated that the incident occurred in a fireworks factory and that the investigation was initially conducted by local police but was later transferred to the State CID. He also stated that some people were arrested and that the CID is continuing to investigate the case.
The NIA’s Deputy Solicitor General Billwadal Bhattacharyya argued that because a scheduled offense was committed, the investigation should be turned over to the NIA.
The bench refused to pass any order to transfer the investigation.
The division bench scheduled the matter for further hearing for 12th June, when the State CID will present its ‘action-taken report’ to the Court.
