In response to a complaint by the National Investigating Agency (NIA) against the Chhattisgarh police investigation into an FIR filed in 2020 alleging a larger conspiracy in the 2013 Maoist attack in the state that claimed the lives of several top Congress leaders, the Supreme Court on Monday issued a notice.
A fresh FIR was filed by the Chhattisgarh police alleging a massive plot to murder prominent Congress officials as well as the involvement of other people in addition to the Naxal groups while the National Investigating Agency was already looking into the 2013 attack.
The High Court ruling upholding the Special Court’s rejection to stop the state police probe into the 2020 FIR was challenged by the NIA in a case before the SC panel of Justices DY Chandrachud and Hima Kohli. Additionally, the special court had rejected the NIA’s request to take over the inquiry.
The local police’s ongoing probe into the 2020 FIR was also suspended by the SC ruling on Monday.
For the NIA, Additional Solicitor General SV Raju stated that the question at hand is whether the NIA can look into this in light of the NIA Act’s provisions addressing the investigation of associated offenses. He said that it must be determined if a bigger conspiracy qualifies as a linked offense.
“This is a significant matter. We will send out a notification, the justice stated.
Counter affidavits must be submitted to the court within two weeks.
Background story
In its ruling, the Chhattisgarh High Court noted that the event occurred on May 25, 2013, in Bastar, when many political figures who were riding in a motorcade were attacked and killed by the Communist Party of India (Maoist), a designated terrorist organization. In the same event, 33 people were wounded in addition to the 10 police officers and 17 civilians who died.
The NIA was instructed by the Indian government to file an FIR in this instance. The trial has started and is now pending after the NIA concluded its investigation and submitted the charge sheet.
In May 2020, a new FIR was filed in relation to the same event, this time stating that the attack was the product of a massive plot to assassinate prominent Congress officials, in which, in addition to the Naxal groups, other people were also engaged.
On June 16, 2020, the NIA filed a request with the Special Court asking for instructions to the Superintendent of Police/Investigation Officer, Bastar, to halt the investigation into this FIR and turn over all relevant data. The court denied this request.
The NIA’s appeal against the trial court’s decision was denied by the Chattisgarh High Court. Now that the high court’s ruling is being contested, the NIA has advanced the SC via the present processes.