Egra blast: Calcutta High Court asks State CID to register case under Explosive Substances Act

The Calcutta High Court Thursday ordered the State Crime Investigation Department (CID) to register a case under the Explosive Substances Act in relation to the explosion that took place in a firecracker factory in Egra area in East Midnapore [Suvendu Adhikari vs State of West Bengal]..A bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya also ordered the West Bengal government to adhere to the provisions of section 6 of the National Investigation Agency Act (NIA act), which provides for the State government to forward its report to the Central government if a 'scheduled offence' has occurred in the State. "We are of the prima facie view that provisions of the Explosive Substances Act will be attracted. Therefore, we order the State CID to invoke the said provisions and adhere to the provisions of the NIA act and report in this regard be placed before us on June 12," the bench ordered.The bench, however, refused to transfer the probe in the case directly to the NIA. It also refused to order deployment of paramilitary forces in Egra region."There is no material on record to indicate any law and order situation in the area thus no question of deploying paramilitary forces. However, if the State thinks that a situation may arise, it would be free to deploy forces to maintain law and order," the Court said..The order was passed on a public interest litigation (PIL) petition filed by BJP leader Suvendu Adhikari who sought NIA probe in the case. Adhikari alleged that the State police deliberately did not invoke provisions of the Explosive Substances Act. The PIL petition highlighted the fact that at least nine persons were killed in the incident. Advocate General SN Mookerjee, appearing for the State, pointed out that the incident in question took place in a fireworks factory and that initially the probe was conducted by the local police but it was later handed over to State CID. He further submitted that some people were arrested and that the CID is investigating the case further.Deputy Solicitor General Billwadal Bhattacharyya representing the NIA submitted that since a scheduled offence is committed, the probe must be handed over to the NIA. The Court refused to pass any order to transfer the probe. .The bench posted the matter for further hearing on June 12, when the State CID will submit its 'action-taken report' before the Court.