The Calcutta High Court disposed of a Public Interest Litigation (PIL) filed highlighting two incidents of bomb blasts with the allegation that the provisions of the NIA Act were not followed.
The PIL has been filed by one Anindya Sundar Das.
On 20th December, 2022 S. N. Mookherjee , Advocate General had informed the Court that so far as the incident falling within the jurisdiction of Panskura Police Station is concerned, the State would follow the procedure prescribed in Section 6 of the Act and forward the report to the Central Government in terms of Section 6(2) thereof .
In respect of another incident falling within the jurisdiction of Bhupatinagar Police Station the report from CFSL was awaited when the order dated 20th December, 2022 was passed.
Advocate General has informed on March 21 that the report from CFSL has been received and that report supports the plea of use of explosive substances and a charge-sheet has been filed invoking Sections 3 and 4 of the Explosive Substances Act which is a Scheduled Act under the NIA Act. Hence, he does not dispute that the provisions of Section 6 of the NIA Act is required to be followed.
He has fairly submitted that now the report by the concerned Officer-in-Charge of the Police Station will be sent to the State Government in terms of Section 6(1) of the Act and thereafter the State Government will sent the report to the Central Government in terms of Section 6(2) of the Act and thereafter it will be open to the Central Government to take a decision in terms of Section 6(3) of the Act.
“Let the report be sent by the Officer-in-Charge of the Police Station to the State Government within one week and the State Government will send the report to the Central Government within one week from the date of its receipt from the Officer-in-Charge.
The petition is accordingly disposed of”, the Division Bench of Chief Justice Prakash Shrivastava and Justice Rai Chattopadhyay ordered.