Is NIA under your purview during polls, HC asks EC
Times of India | 18 May 2024
Kolkata: Calcutta High Court on Friday directed Election Commission to file a report stating whether the activities of NIA came under the purview of the poll panel while the model code of conduct was in force.
Justice Biswajit Basu sought the EC report after a writ petition from Trinamool seeking the court’s intervention into the alleged harassment of TMC men by questioning them as accused in two old cases — Ram Navami violence and Bhupatinagar blast — while elections were on.“These are not recent incidents. The former incident took place two years ago while the latter happened a year ago,” TMC counsel Pratik Dhar said in court.
Dhar submitted that as many as 16 people had been arrested by NIA, which was continuing the probe amid elections, and pleaded with the court to give the party a “level playing field”.
The counsel cited the DGP’s transfer and sought the court’s direction to the EC to transfer the SP, NIA. He said that the party had already made an appeal with the EC.
Justice Basu asked Dhar if the party had submitted material to EC while seeking transfer of the SP. The judge also sought the EC counsel’s response.
“Did you receive a complaint? Did you allow the NIA to continue with the investigation during elections? Does ordering transfer of the NIA investigators come under the purview of the EC? Who is responsible for running this agency?” Justice Basu asked.
EC counsel Anuran Samanta submitted that he had to take instructions to ascertain whether NIA came under the EC’s purview. NIA counsel Arun Maity submitted that the agency was a separate legal entity placed under the Union home ministry and NIA had been continuing with the investigation, no matter whether the cases were old or new.
Justice Basu directed EC to file a report on the matter and fixed the next hearing for 10.30am on Wednesday.