The Calcutta High Court on Thursday ordered the West Bengal government and the National Investigation Agency (NIA) to file their replies to a public interest litigation (PIL) petition seeking NIA probe into an incident wherein a foreign made pistol was seized from a Kolkata resident [Debasis Mondal vs State of West Bengal].
A division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya said that the issue was serious and if the issue pertains to foreign made firearms, then the West Bengal Police would not be the appropriate agency to investigate the offence since it could involve other States or a different country.
"If foreign origin firearms are coming within the State, then we think the State Police won't be able to investigate the offence because it can be coming from more than one State or country also. It would be difficult for the State Police to this probe the offence," Chief Justice Sivagnanam said.
However, the Court said that the matter will have to be heard at length before a decision is arrived at.
"The plea seeks probe by NIA given the argument that the provisions of Unlawful Activities (Prevention) Act will also be attracted. However, we believe the matter needs to be heard at length. Let there be affidavits be filed by both the NIA and the State," the Chief Justice stated.
The petition highlighted an incident of January 8 wherein the State Police arrested an individual after it seized a foreign made pistol from him. It was pointed out that the said accused was only booked under Sections 27 (using illegal firearm) and 29 (procuring firearm from unlicensed person) of the Arms Act. However, Section 27 which penalises sale of firearm and attracts upto life imprisonment, was not invoked.
"The State Police has not even invoked provisions of the UAPA law. There is an apprehension that more arms and ammunition may be recovered from him. The accused had been threatening the local residents. Therefore, we have no faith in the State Police," the petitioner's counsel submitted.
The counsel further highlighted the fact that the origin of the firearm seized was foreign.
During the hearing, the counsel appearing for the NIA emphasised that if there is a trade of arms made from outside the State, then it is a question of national security.
"That may be brought in, even for terrorist activities. It is a question of national security thus, NIA will have to step in," the NIA counsel submitted.
Additional Solicitor General Ashoke Kumar Chakraborty too weighed in submitting,
"Provisions of UAPA will attract to the instant case. Also, primarily the offence is of violations of Arms Act and the Explosive Substances Act which are scheduled offences and such offences ought to be probed by the NIA."
After hearing the submissions, the Chief Justice directed NIA and the State to file their responses.
"You (probe agency) will have to examine or investigate the source of these arms. So, both of you (NIA & State) file your affidavits," the bench ordered.
TAGS: Calcutta High Court West Bengal government National Investigation Agency (NIA) Public Interest Litigation (PIL)
