e-News® | The NEWS Company…NEW DELHI: The home ministry on Thursday asked the National Investigation Agency (NIA) to take over the Burdwan blasts case even though the Mamata Banerjee government in West Bengal has so far been opposed to such a move. The central probe, the TOI has learnt, was okayed after it was apparent that the state government would not come in the way of the NIA investigation.
Senior minister in the Mamata government Partha Chatterjee told TOI late on Thursday that they have not formally consented to an NIA probe as “we have full confidence in our state police and investigating agencies”. However, he was silent when asked if this would entail non-cooperation with NIA by the state police.
According to Trinamool Congress sources, while the state government was not inviting NIA to take up the case, it would not obstruct the investigation by the NIA team, now that the Centre has taken the call. Although the NIA Act provides for central government to hand over any case related to terrorism or scheduled offences in any state suo motu to NIA, the power has never been exercised for political reasons. States have always protested that such a move militates against the federal structure of the country. Sources said formal orders to take over the case were given to NIA around 7 pm on Thursday. NIA is likely to file an FIR on Friday after taking over case papers from West Bengal Police.
“No consent of the state is required under the NIA Act,” said a senior home ministry official. Defending the move, the official added, “National security overrides all political and regional considerations. Since the case relates to a terror act and has possible inter-state and international linkages, NIA is the most competent agency to investigate it.” Accused in the Burdwan blast, in which two suspected militants were killed and another person was injured while assembling a bomb on October 2, have been found to have links with Bangladeshi terror outfit Jamaat-ul-Mujahideen (JuM). They are also suspected to have been planning blasts not just in India but even assisting such projects in Bangladesh.
Sources said with the case having international implications and requiring engagement with foreign agencies, NIA was best placed for the job. The only other case where the Centre had to contend with resistance from a state while handing over probe to NIA was related to saffron terror accused Sunil Joshi’s murder. In 2011, the then home minister P Chidambaram spent almost six months in a tussle with the BJP government in Madhya Pradesh to justify the takeover of the case. Faced with stiff resistance from the state, the Centre even discussed moving court to take over the case under NIA Act. However, the MP government finally came around and gave consent in June 2011, paving the way for NIA to step in.
Trinamool Congress has been sparring with CPM and BJP in West Bengal for several days to fend off demands to hand over the probe to NIA. Both the parties have alleged that the state police could not be expected to conduct a fair probe and even demanded Burdwan SP S M H Meerza’s removal for his alleged links with TMC. Opposition has also alleged that evidence in the case was destroyed by the state police. Only a day ago, BJP had threatened to conduct a rally if the case was not given to NIA.
Three people, including two women, have been arrested in connection with the case while several people associated with the module are suspected to be on the run. The case has been handed over to NIA under Section 6(5) of the National Investigation Agency Act, 2008. The section empowers the Centre to suo motu direct the agency to investigate a scheduled offence committed anywhere in India.