The Supreme Court on 21.11.2023 refuse to entertain an appeal filed by the National Investigation Agency (NIA) challenging a fresh FIR registered, in 2020, by the Chhattisgarh police to probe the allegations of larger political conspiracy behind a Maoist attack that that killed several senior Congress leaders in Bastar in 2013.
The NIA's petition had assailed the order of the Chhattisgarh High Court date 2.03.2022, whereby it had refused to quash the second FIR or transfer the same to NIA for further investigation. The Central investigation agency had initially moved a Special NIA Court in Chhattisgarh with a quashing/transfer plea, which was rejected.
Attack by Naxalite insuregents
On 25th May 2013, Naxalite insurgents of the Communist Party of India (Maoist) attacked a convoy of Indian National Congress leaders in the Jhiram Ghati, Darbha Valley in the Sukma district of Chhattisgarh, India. The attack caused approximately 28 deaths, including that of former state minister Mahendra Karma and Chhattisgarh Congress chief Nand Kumar Patel. Vidya Charan Shukla, a senior Congress leader, succumbed to his injuries on 11 June 2013.
Indian National Congress leaders conducted a Parivartan Yatra ("Change" Rally) in Chhattisgarh, comprising a convoy of 25 vehicles with around 200 leaders and workers, including prominent figures like Vidya Charan Shukla and Mahendra Karma. While returning from Sukma to Jagdalpur on National Highway 221, Maoists blocked the convoy in the Dharba valley, triggering an IED near the fourth vehicle. The blast, using 27–30 kg of explosives, caused significant damage. Subsequently, Maoists in the JEERUM hills opened fire, leading to a prolonged exchange with the personal security officers of Congress leaders. Approximately 28 people were killed, including twelve Congress leaders, eight security personnel, and four villagers. Mahendra Karma surrendered but was brutally attacked by Naxalites, sustaining 78 stab wounds. Other leaders, including Vidya Charan Shukla, were critically injured, with Shukla succumbing to his injuries later.
In the aftermath, Naxals abducted Nand Kumar Patel and others, later releasing others and killing Patel and his son. Autopsies revealed axe injuries and multiple stab and bullet wounds. Ten security personnel, including Vidya Charan Shukla's Personal Security Officer, lost their lives. Prafulla Shukla, Shukla's PSO, shot himself with his last bullet. Congress worker Yogendra Sharma was also among the casualties. The attack marked a tragic episode with significant political ramifications in the region.
Schedule Offences Under NIA
Section 6 of NIA Act : Upon receiving information regarding a Scheduled Offence, the police station's officer-in-charge is mandated, under Section 154 of the Code, to promptly forward the report to the State Government. Subsequently, the State Government is required to expeditiously transmit the report to the Central Government. Upon receipt, the Central Government has a 15-day window to determine if the reported offence qualifies as a Scheduled Offence and if it warrants investigation by the Agency, considering the gravity and other relevant factors. If deemed appropriate, the Central Government directs the Agency to investigate. Even without a State Government report, the Central Government can, suo motu, instruct the Agency to investigate a Scheduled Offence. Once such a directive is issued (either through sub-section (4) or sub-section (5)), the State Government and its officers cease their investigation, promptly transferring all relevant documents to the Agency. It is clarified that until the Agency takes up the case, the police station's officer-in-charge is responsible for ongoing investigations
Section 8: Power to investigate connected offences.—While investigating any Scheduled Offence, the Agency may also investigate any other offence which the accused is alleged to have committed if the offence is connected with the Scheduled Offence.
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