The Supreme Court dismissed a petition filed by the NIA towards a fresh FIR registered in 2020 by the Chhattisgarh Police to examine the chance of a bigger political conspiracy behind a Naxal attack that killed a number of senior Congress leaders in Bastar in 2013.
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The Supreme Court on Tuesday dismissed a petition filed by the National Investigation Agency (NIA) towards a fresh FIR registered in 2020 by the Chhattisgarh Police to examine the chance of a bigger political conspiracy behind a Naxal attack that killed several senior Congress leaders in Bastar in 2013.
“We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed,” a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud.
The NIA had assailed an order of the Chhattisgarh High Court in March final yr refusing to quash the FIR.
Additional Solicitor General S.V. Raju, representing the NIA, mentioned 28 folks have been killed and 33 have been injured in the attack.
Mr. Raju mentioned the NIA was entrusted with the investigation of the attack in 2013 pursuant to an order handed by the Union authorities beneath Section 6 of the National Investigation Agency Act.
However, the second FIR was registered by the police in 2020 to examine allegations of a bigger conspiracy.
Mr. Raju mentioned the FIR was based mostly on the identical incident and ought to be probed by the NIA itself.
The complainant, in flip, argued that the second FIR was not lodged on the premise of the identical offence. The first FIR was restricted to the attack whereas the second involved the “deliberate lack of security”.
Senior advocate Atmaram Nadkarni, showing for Chattisgarh, mentioned the NIA was attempting to stall the investigation into the second FIR.
“The NIA is unwilling to investigate. That’s why we say let CBI… Conspiracy by itself is a standalone offence,” Mr. Nadkarni argued.