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Supreme Court of India 2023-07-24 dismissed

The State of West Bengal & Ors vs Suvendu Adhikari & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

Six criminal cases were registered by West Bengal police following violent incidents during Ram Navami celebrations in March-April 2023. A High Court Division Bench transferred the investigation to the National Investigation Agency (NIA), finding that Explosive Substances Act offences were implicated. The Central Government exercised its suo moto power under Section 6(5) of the NIA Act to direct NIA investigation. West Bengal challenged this in the Supreme Court. The Court held that the Central Government's power is not restricted by State-supplied information; it can consider all sources. The suo moto power under Section 6(5) is valid and legitimate. With no challenge to the notification's validity and cognizance taken by the NIA Court, the Supreme Court dismissed the petitions."

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Criminal Procedure National Security Criminal Investigation Transfer of Cases Administrative Law

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