SC orders Calcutta HC to examine NIA probe, UAPA in Beldanga case

The Supreme Court directed the Calcutta High Court to re-examine the need for an NIA probe into West Bengal's Beldanga violence. The court asked the NIA to submit a sealed-cover report for the HC to determine if UAPA can be invoked.

SC Directs Calcutta HC to Re-examine NIA Probe

The Supreme Court on Wednesday asked the Calcutta High Court to independently examine whether a further investigation by the National Investigation Agency (NIA) is necessary in the January 16-17 violence in Beldanga in West Bengal's Murshidabad and whether the incident meets the threshold for invoking the Unlawful Activities (Prevention) Act (UAPA), particularly provisions relating to threat to economic security.

A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi disposed of the West Bengal government's plea challenging the Calcutta High Court's January 28 order, which had left it open for the Centre to deploy central forces and to consider invoking the NIA Act. Without expressing any opinion on merits, the Court directed the NIA to submit a sealed-cover report before the Calcutta High Court, leaving it to the High Court to decide whether the agency's probe makes out any prima facie case under UAPA.

Court Questions UAPA Invocation

"We deem it appropriate to direct the NIA to submit its report in a sealed cover to the High Court for it to see whether its probe has made any prima facie case under the provisions of the UAPA Act," the Bench observed. During the hearing, Justice Bagchi questioned the NIA on whether the factual allegations in the case genuinely attracted Section 15 of the UAPA, which deals with terrorist acts threatening the country's economic security.

Referring to the nature of the incident, Justice Bagchi observed that the violence appeared to have occurred "in response to the death of a migrant worker," and flagged that the State disputed any suggestion that it was aimed at harming economic security. The Court also cautioned against a "pre-decisional" approach to invoking the UAPA without first examining the documents. "You have taken a decision without looking at documents... give your report, whether ingredients of Section 15 are invoked or not," the Bench said.

NIA's Inaction in Previous Case Flagged

The Court also reproached the NIA's inaction over the earlier, April 2025, violence that took place in Murshidabad following the enactment of the Waqf (Amendment) Act by the Central government. Despite the High Court expressly ordering an NIA investigation into that incident, the agency failed to probe into it, the apex court stated. "Manner in which these isolated incidents have happened. Another incident, it happened on April 25, that is also important for High Court to consider because in that, an order for NIA investigation was invoked. That was bigger incident. There NIA slept over it. These are issues for HC to decide. Every emotional outbreak cannot be terrorist act," Justice Bagchi said.

Additional Solicitor General S.V. Raju, appearing for the NIA, submitted that deadly material was used, petrol was allegedly employed, and a particular section of people was targeted. However, the CJI clarified, "We are not on that, it is for your agency, NIA, to find out what happened. We are only asking the High Court to re-examine."

High Court to Examine All Contentions

Recording that the Calcutta High Court's January 28, 2026, order had merely left it open for the Central government to take a decision under Section 6(5) of the NIA Act, the Supreme Court said all other contentions, including the legality of the Centre's order entrusting the probe to the NIA, could be raised before the High Court.

It noted that the West Bengal government has already filed a separate writ petition before the Supreme Court challenging the Centre's decision to hand over the investigation to the NIA. However, the Court disposed of the petition, stating that even that plea can be examined by the High Court.

Background of the Beldanga Violence Case

The High Court proceedings arise from a PIL filed by BJP leader and West Bengal Leader of Opposition Suvendu Adhikari seeking deployment of central forces and an NIA probe into the Beldanga violence. The High Court in it's January 28 order, had observed that it would be open to the Central government to take an appropriate decision on investigation by invoking Section 6(5) of the NIA Act and made it clear that "nothing in this order" would come in the way of the Centre deploying additional Central Forces in Murshidabad or Beldanga, if required, stressing that violence must be dealt with with an "iron hand."

Following the High Court's directions, the NIA has begun its probe into the issue. The violence in Beldanga had erupted following the death of a 30-year-old migrant worker in Jharkhand. Central forces have been stationed in Murshidabad since April 2025 under earlier High Court directions, after communal violence was reported in the Jangipur subdivision during protests against the Waqf (Amendment) Act. (ANI)

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