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Supreme Court Tasks Calcutta High Court With Reviewing NIA’s UAPA Use, Seeks Sealed Report

The Calcutta High Court will now decide if the January Beldanga unrest legally qualifies for UAPA once the NIA files a sealed status report.

Overview

  • Declining to halt the probe, the Supreme Court directed the NIA to justify in a sealed filing whether prima facie material supports invoking Section 15 of the UAPA.
  • The bench transferred West Bengal’s challenge to the Centre’s order for an NIA investigation to a division bench of the Calcutta High Court for independent reassessment.
  • Questioning the agency’s approach, the court said the NIA appeared to reach a pre-decisional conclusion and cautioned that every emotional outburst is not a threat to economic security.
  • The Centre cited the area’s porous border with Bangladesh, alleged use of deadly weapons and petroleum, and non-cooperation by state police, while the state argued no scheduled offence was made out and arrests had already been made.
  • In a parallel development, a special NIA court remanded 36 accused in the Beldanga violence to judicial custody until February 19 after difficulties producing them in person.