The Supreme Court of India on Monday declined to entertain an appeal by the West Bengal government against an order of the Calcutta High Court which had refused to stay the probe by the National Investigation Agency (NIA) into the violence in Murshidabad district's Beldanga.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the High Court had taken a “balanced view” in allowing the investigation to proceed while also examining whether the materials placed by the agency disclose a case under the Unlawful Activities (Prevention) Act [UAPA].

A trial court had initially directing that the case diary be handed over to NIA.

The Calcutta High Court upheld the same and also directed the agency to file a report by March 24.

The High Court Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen observed that a determination was required “to come to a logical conclusion as to whether a prima facie case for investigation under UAPA was made out.”

The State then approached the Supreme Court.

On February 11, the Supreme Court asked the Calcutta High Court to examine whether the NIA report revealed a prima facie case for investigation under UAPA in connection with the Beldanga violence.

When the matter was taken up today, Justice Bagchi today remarked that access to the case diary was necessary for the NIA to proceed. He also clarified that the High Court must examine whether the agency’s report establishes a prima facie case under UAPA.

The Bench said there was therefore no reason to stay the High Court’s order and declined to interfere with it.

Senior Advocate Kalyan Banerjee appeared for the State of West Bengal, while Senior Advocate Siddharth Luthra represented Leader of Opposition Suvendu Adhikari.

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