High court withdraws FIR filed by Bangladesh police against NIA officials

Calcutta High Court has fixed April 29 as the next date of hearing

Kolkata:

Days after a National Investigation Agency (NIA) team faced stiff resistance during a raid in West Bengal, the Calcutta High Court today arrested the state police on an FIR filed against an officer of the central investigation agency.

An NIA team conducted a 2022 blast-related raid at Bhupati Nagar in Bengalpur’s Medinipur district on Saturday, but faced resistance from local residents. The explosion killed three people.

After the standoff, a woman filed a complaint with the state police, accusing the NIA team of breaking into her home and beating her husband. She also alleged that NIA officials and CRPF personnel who were with them verbally abused and assaulted her when she tried to defend him.

Based on the complaint, the police registered an FIR under various sections of the Indian Penal Code, including those related to causing grievous hurt and use of criminal force on a woman with intent to offend her modesty.

The high court said the NIA officers appeared to have carried out the raids in strict compliance with the law, adding that the law did not require the NIA to obtain permission from the state police.

The court said that inconsistent with the action taken by the state police in the counter FIR, the medical report mentioned only minor scratches and pain and no mention of serious injuries. “It is shocking that the state police registered an FIR under Section 325,” the court said. Section 325 relates to voluntarily causing grievous hurt and the accused can be jailed for up to seven years if convicted.

Considering that the matter would take a long time to be heard, the court asked the state police to submit the case diary and listed the case as of April 29.

The court said state police could not arrest the defendant until the next hearing and no final report could be filed.

It is said that the accused NIA officials can be questioned through video conferencing with 72 hours notice. Video recordings of such interrogations should be preserved, it added.

Bangladesh police earlier summoned two National Intelligence Agency officials in connection with the case. They were asked to appear as witnesses in the investigation. A National Intelligence Service officer injured in the confrontation has been asked to provide his medical records and the car that was allegedly attacked for forensic examination.