New Delhi, Feb 11-2-26: The Supreme Court on Wednesday questioned the National Investigation Agency (NIA) for invoking Section 15 of the Unlawful Activities (Prevention) Act, 1968 (UAPA) in connection with the Beldanga violence in Murshidabad district of West Bengal, without examining the case records.
While expressing reservations over the agency’s approach, a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directed the West Bengal government to approach the Calcutta High Court for reconsideration of its January 20 order.
The Court also asked the NIA to submit a report on its investigation to the High Court in a sealed cover for independent evaluation.
“Go back to the High Court and make a plea for reconsideration,” Justice Bagchi told the senior counsel appearing for the West Bengal government.
In its order, the Court said, “Since there are passing observations in High Court order (January 20 order) without any documentary evidence, we request High Court to consider the NIA report independently and issue consequent decisions…It is clarified that we have not expressed any observation on merits of the case. It is further directed that the plea by West Bengal shall be heard by a Division Bench headed by Chief Justice of the High Court, before whom the earlier plea is pending.”
During the hearing, the Bench pulled up the NIA for terming the January violence a terrorist act threatening the country’s economic security without having the case diary or relevant materials before it.
“Without looking into documents, you have said Section 15 UAPA is justified. The case diary was not placed before you…this is a pre-decisional conclusion arrived at…Every emotional outburst cannot be packaged as a threat to economic security!” Justice Bagchi told Additional Solicitor General S.V. Raju, appearing for the NIA.
The Court noted that the West Bengal Police had registered four FIRs in connection with the violence but had not handed over the case files to the NIA.
Section 15 of the Unlawful Activities (Prevention) Act, 1968 defines a “terrorist act” as any act committed with the intention of threatening India’s unity, integrity, security, economic security or sovereignty, or with the intent to strike terror among people in India or in any foreign country. Such acts are punishable in accordance with the sentences prescribed under Section 16 of the UAPA.
Referring to similar incidents in April 2025, Justice Bagchi remarked, “In April 2025, we saw this kind of violence and State government also agreed (to NIA probe). High Court division bench asked NIA to see if probe can be conducted. But then NIA slept over it!”
The apparent reference was to the violence that occurred in Murshidabad district in April 2025 during protests against the Waqf (Amendment) Act, 2025.
The matter today arose from two petitions filed by the West Bengal government challenging the High Court’s January 20 order and the Union Home Ministry’s decision directing the NIA to probe the Beldanga incident.
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