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Since NIA raid is not tied to polls, EC has little room to intervene

EC chose not to interfere in NIA's actions following the Bhupatinagar blast in Purba Medinipur, West Bengal. Allegations of malpractice were made by TMC against NIA, leading to the removal of protesting MPs by Delhi police.
Since NIA raid is not tied to polls, EC has little room to intervene
NEW DELHI: The Election Commission is unlikely to intervene in the row over National Investigation Agency's (NIA) action in Purba Medinipur district of West Bengal, as part of the latter's probe into the December 2022 Bhupatinagar blast.
Sources in EC told TOI that EC is of the view that the raids and arrests by the NIA team in the case relating to the Bhupatinagar crude bomb explosion, which had killed three persons, were executed as per the agency's mandate and the relevant laws.
Also, since a complaint had already been filed by NIA with the West Bengal police, it is for the latter to probe and proceed in the matter as per the laid down criminal laws and procedure.
A senior EC functionary said both NIA and West Bengal police are investigative agencies and competent to carry out their respective lawful mandates. NIA, in fact, has been probing the Bhupatinagar blast since June 2023 as directed by the Calcutta High Court. Also, since the NIA action in Purba Medinipur was not related to the ongoing election, EC has little elbow room to intervene and direct any investigation agency that is working within its mandate and following the due legal procedures. Sources said complaints were also filed by the opposition parties earlier seeking EC's intervention to stop "misuse of agencies like CBI and ED to target opposition leaders" to maintain a level-playing field, but the poll body decided against issuing any fresh advisory cautioning the law enforcement agencies about the timing of their actions during polls, as "there is little legal elbow room for the EC to interfere in an ongoing investigation by a statutory agency". "If at all, the aggrieved parties are free to approach the court for relief or challenge the agency's action, which they have been doing," said an EC functionary.
In a memorandum submitted to EC by a TMC delegation on Monday, West Bengal's ruling party alleged mala fide in NIA's action and accused the agency of attacking the local residents at the BJP's behest. NIA had on Sunday refuted the allegation saying that its actions in Purba Medinipur were lawful and legally mandated and that its officers had come under unprovoked attack by the unruly mob, leaving one of them injured and damaging an official vehicle.
Though TMC MPs had begun a 24-hour dharna outside the EC headquarters at Nirvachan Sadan soon after submitting the memorandum, it ended abruptly after the Delhi police removed the protesting MPs from the dharna site. Sources said no permission was sought from the authorities for the dharna.
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About the Author
Bharti Jain

Bharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.

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