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The Chhattisgarh High Court on Wednesday dismissed the appeal filed by National Investigation Agency (NIA) to quash or transfer the second FIR registered in connection with the 2013 Maoist attack in State’s Jhiram Valley. In the ambush, 27 people were killed including several senior Congress leaders. 

The central probe agency had moved the High Court after a special NIA court in Jagdalpur had rejected its application whereby directions were sought against Superintendent of Police, Bastar/Investigation Officer to not to proceed in the investigation of the FIR lodged in the year 2020 as the Agency was already probing the matter.

In the said FIR, it has been alleged that the so-called incident was result of a huge conspiracy to murder the senior Congress Leaders, in which apart from the Naxal groups, other persons were also involved.

A division bench of Justices RCS Samant and Arvind Singh Chandel passed the order, clearing the way for the state police to carry on with the investigation.

The bench noted, “The prayer made by the appellant before the learned Special Court was not fit to be entertained being beyond the powers conferred upon the said Court by the Code of Criminal Procedure and Section 16 of the Act, 2008. The inherent powers under Section 482 of Cr.P.C. or the Constitutional power under Article 226 Constitution of India can be exercised only by the High Court, hence, we do not find any reason to interfere with the impugned order.”

NIA had challenged the Special court’s order contending that it was erroneous, illegal and against the provisions of N.I.A. Act, 2008. The Agency had argued that the second F.I.R. is the extension of the previous F.I.R., in which the Agency had already taken charge, investigated the case and filed the charge-sheet.

However, Addl. Advocate General for the State had countered NIA’s claim submitting that “the subsequent F.I.R. is a totally different F.I.R. registered for commission of offences of under Section 302 and 120-B of Indian Penal Code only which is outside the ambit of N.I.A. Act, 2008. Therefore, the central agency has no authority to take over the investigation on this F.I.R.”

He has also contended that the Special Court could had no authority under the Criminal Procedure Code to grant relief as prayed in the NIA’s application as the Agency had not challenged the concerned FIR rather transfer/suspension of investigation had been sought.

As reported by The Indian Express, on May 25 in 2013, Maoists ambushed and killed 27 people, including senior leaders Nand Kumar Patel, Vidya Charan Shukla and Mahendra Karma, during a poll campaigning tour in Bastar. The Congress had alleged “a bigger political conspiracy” behind the attack, demanding an independent inquiry. The case was transferred to the NIA the same year and the Congress party termed the agency’s 2016 probe report “more of a cover-up than an investigation”.

In 2020, one Jitendra Uday Mudliyar alleged that the NIA had not investigated the conspiracy angle of the attack and didn’t record statements of all those affected. He then filed a fresh FIR with the Bastar police of which NIA is seeking transfer.

Case Title: NIA v. The State Of Chhattisgarh and Others