SC refuses to stall NIA probe in killing of BJP MLA by Maoists in Chhattisgarh

The top court, however, said that the action taken by the NIA would be subject to the outcome of a suit filed before it by the Chhattisgarh government seeking declaration of the NIA Act as unconstitutional and arbitrary on the ground that it affects the state's sovereignty.

The Chhattisgarh government has challenged the high court's order of last year by which it had dismissed its appeal challenging an earlier order of the court directing handing over of the probe into the killing of Mandavi and four security personnel by Maoists to the NIA.

The state government had earlier challenged the notification dated May 16, 2019, issued by the Centre directing taking over of the probe by the NIA from the police.

A bench of Justices A M Khanwilkar and Dinesh Maheshwari said, "Indisputably, the offences in question are scheduled offences and could be investigated by NIA in terms of the notification dated May 16, 2019."

It said, "We do not intend to disrupt the investigation already taken over by the NIA some time back and which may be at an advanced stage. Needless to observe that the action taken by the NIA would be subject to the declaration sought by the petitioner in Original Suit No. 1 of 2020."

The original suit has been filed by the Chhattisgarh government in the apex court which pertains to challenge to the constitutional validity of the NIA Act.

During the hearing, Attorney General K K Venugopal, appearing for the Centre, submitted that the investigation in the murder case has already been taken over by the NIA pursuant to notification dated May 16, 2019, as it pertains to scheduled offence.

Advocate Sumeer Sodhi, appearing for the state government said, that the notification was issued on May 16, 2019 by the Centre after a lapse of 36 days from the date of registration of the FIR by the state police on April 10, 2019, and more over the investigation by the state police was at an advance stage.

He said that under provisions of the NIA Act, the prescribed period for registration of offence by the central agency is 15 days but the Centre while exercising suo motu powers issued the notification handing over the case to the NIA after a lapse of 36 days.

The state government further submitted that the instant criminal cases raises certain substantial questions of law pertaining to the interpretation of the NIA Act as well as the interpretation of the provisions of the Constitution of India.

Sodhi said that the court has to decide whether the central government has unbridled powers to direct the NIA to take over the investigation of any scheduled offence at any stage under section 6(4) of the NIA Act, 2008.

The bench said that at this stage it would not examine the wider legal questions, raised in this appeal of the state government and it would be dealt in the original suit filed by the state.

The top court also made it clear that "the observations made by the high court including qua the state government are contextual and ought not to affect the action which has proceeded on the basis of notification dated May 16, 2019".

It disposed of the appeal while leaving all the questions of law open.

On November 20 last year, the high court had dismissed the appeal filed by the state government, challenging an earlier order of the court directing handing over the probe into the killing of Mandavi and four security personnel by Naxals to the NIA.

It had upheld the single-bench order and directed the government to hand over the probe to the NIA.

The high court had rejected the submission of Chhattisgarh that the incident be allowed to be probed by the local police and said that the State was bound to comply with the provisions of the NIA Act and the notification issued by the Centre.

It had directed the government to hand over the entire case records, along with the documents pertaining to the investigation into the incident, to the NIA.

Mandavi and four police personnel, travelling in a vehicle, were killed in a powerful IED blast triggered by Maoists near Shyamgiri village of Dantewada on April 9, last year.

On the direction of the Union home ministry, the NIA registered a case in May under the relevant sections of the Indian Penal Code (IPC), the Indian Arms Act, the Explosives Substances Act and the Unlawful Activities (Prevention) Act (UAPA).