Supreme Court Affirms NIA's Jurisdiction in Explosive Substances Act Case: "Transfer of Investigation to NIA is Valid"

In a significant ruling, the Supreme Court of India has upheld the jurisdiction of the National Investigation Agency (NIA) in a case concerning offenses punishable under the Explosive Substances Act. The Court's decision came in response to Special Leave Petitions (Criminal) Nos. 6283-6286 of 2023, wherein the State of West Bengal & Ors had challenged the High Court's order to transfer the investigation to the NIA.

The High Court of Judicature at Calcutta, through a Division Bench order on 27th April 2023, directed the NIA to take over the investigation of six First Information Reports (FIRs) registered by the police in West Bengal. These FIRs were related to distinct incidents occurring between 30th March and 3rd April 2023.

The petitioners contended that the injuries sustained by the complainant were inconsistent with the alleged use of explosives. They also pointed out that multiple police officers were involved in the investigation and argued that the direction to transfer the case to the NIA was unwarranted.

However, the Solicitor General of India, representing the NIA, along with other counsel, supported the High Court's order for the transfer of investigation.

In the judgment delivered on 24th July 2023, the Supreme Court observed that the Central Government had already exercised its powers under Section 6(5) of the National Investigation Agency Act, issuing a notification for NIA's investigation. The Court clarified that it was not within its remit to decide the sufficiency or veracity of the allegations at this stage. It further affirmed the High Court's judgment, holding that the exercise of jurisdiction by the NIA was valid.

The Court's ruling stated, "The precise contours of the investigation which should be carried out by the NIA cannot be anticipated or restricted at this stage."

With the Supreme Court's decision, the NIA shall proceed with the investigation in accordance with the law, and all the relevant documents and records have been duly transferred to the agency.

Date of Decision: 24th July 2023

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