NIA under EC’s purview or not, asks Calcutta HC
The Calcutta High Court on Friday directed the Election Commission (EC) to file a report on whether the activities of the National Investigation Agency (NIA) fell under its jurisdiction during the enforcement of the model code of conduct (MCC).
Justice Biswajit Basu sought this report following a writ petition from the Trinamool Congress, which alleged harassment of its members by the NIA.
The petition claimed that the NIA was questioning its members as suspects in two old cases—the Ram Navami violence and the Bhupatinagar blast—during the election period. “These incidents are not recent; the former occurred two years ago and the latter happened a year ago,” argued Trinamool Congress counsel Pratik Dhar.
Dhar further noted that 16 people had been arrested by the NIA, which was continuing its investigations amidst the elections, and appealed to the court to ensure a “level playing field”.
Justice Basu questioned the EC counsel, Anuran Samanta: “Did you receive a complaint? Did you authorise the NIA to continue its investigation during elections? Does the transfer of NIA investigators fall under the EC’s jurisdiction? Who oversees this agency?”
Samanta responded that he needed to consult to determine whether the NIA’s actions fell under the EC’s purview.
The NIA counsel Arun Maity asserted that the NIA is an independent legal entity under the Union Ministry of Home Affairs and that it continues its investigations irrespective of whether cases are old or new.
Justice Basu directed the EC to file a report on the issue and scheduled the next hearing for Wednesday< May 22 at 10.30 AM.
