SC refuses to stall NIA probe in killing of BJP MLA by Maoists in Chhattisgarh

The Supreme Court has refused to stall the probe initiated by the National Investigation Agency (NIA) into the killing of Dantewada BJP MLA Bhima Mandavi and four security personnel by CPI (Maoists) in Chhattisgarh last year.

The top court, however, said that the action taken by the NIA would be subject to the outcome of a suit filed before it by the Chhattisgarh government seeking declaration of the NIA Act as unconstitutional and arbitrary on the ground that it affects the state's sovereignty.

The Chhattisgarh government has challenged the high court's order of last year by which it had dismissed its appeal challenging an earlier order of the court directing handing over of the probe into the killing of Mandavi and four security personnel by Maoists to the NIA.

The state government had earlier challenged the notification dated May 16, 2019, issued by the Centre directing taking over of the probe by the NIA from the police.

A bench of Justices A M Khanwilkar and Dinesh Maheshwari said, "Indisputably, the offences in question are scheduled offences and could be investigated by NIA in terms of the notification dated May 16, 2019."
It said, "We do not intend to disrupt the investigation already taken over by the NIA some time back and which may be at an advanced stage. Needless to observe that the action taken by the NIA would be subject to the declaration sought by the petitioner in Original Suit No. 1 of 2020."