The Calcutta High Court has directed the State CID to file a case under the Explosive Substances Act in connection with the Egra blast

Keywords: NIA, scheduled offence, explosive substances act

In response to the explosion at a firecracker factory in the Egra region of East Midnapore, the Calcutta High Court has instructed the State Crime Investigation Department (CID) to officially record a case under the Explosive Substances Act.

The West Bengal government was also ordered to comply with the provisions of Section 6 of the National Investigation Agency Act, which provides that the State Government shall forward its report to the Central Government in case of a “scheduled offence” in the State, by a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya[1].  However, the panel refused direct transfer of an investigation to the NIA in this case. It has also rejected orders to set up paramilitary forces in the Egra area.

The aforementioned ruling was made in response to a Public Interest Litigation (PIL) petition filed by BJP leader Suvendu Adhikari, who requested a probe by the National Investigation Agency (NIA) into the case. Adhikari claimed that the State police intentionally avoided invoking the provisions of the Explosive Substances Act. The Public Interest Litigation (PIL) petition brought attention to the fact that a minimum of nine individuals lost their lives in the incident.

During the proceedings, Advocate General SN Mookerjee, representing the State, highlighted that the incident occurred at a fireworks factory. He mentioned that the initial investigation was conducted by the local police, but it was subsequently transferred to the State CID. Additionally, he stated that several individuals were arrested and that the CID is currently carrying out further investigations into the case[2].

The National Investigation Agency, represented by Deputy Attorney General Billwadal Bhattacharyya, argued that the investigation should be handed over to the NIA since a scheduled offence has been committed. No order for the investigations to be transferred has been passed by the Court. The bench has scheduled a subsequent hearing after the State CID presents its “action taken” report to the Court on June 12[3].

Written by- Aditya a student of ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya

[1] BAR AND BENCH, https://www.barandbench.com/news/egra-blast-calcutta-high-court-asks-state-cid-register-case-explosive-substances-act (last visited on 18^th May, 2023).

[2] ibid.

[3] ibid.

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