- The Election Commission ordered the NIA to investigate the Malda gherao incident citing cross-border concerns
- The NIA's involvement was enabled by the Supreme Court invoking Article 142 for jurisdiction
- About 35 arrests have been made, involving registered voters and suspected organised conspiracy
On April 2, around 11:30 PM, the Election Commission of India (EC) ordered the National Investigation Agency (NIA) to probe the Malda gherao incident that took place a day earlier. The move has raised a key question: why did the EC opt for the NIA when the Supreme Court of India had also left the option open for a CBI inquiry?
According to EC sources, the decision was driven by credible inputs suggesting possible cross-border involvement. Given Malda's location near the Bangladesh border, the incident is being viewed as more than just a law-and-order issue, with potential national security implications.
The NIA typically investigates cases related to terrorism, unlawful activities, and threats to sovereignty, whereas the Central Bureau of Investigation (CBI) handles corruption, economic offences, serious crimes, and law and order-related incidents, including attacks on public officials.
However, the case does not fall squarely within the NIA's scheduled offences under its Act. To address this, the NIA approached the Supreme Court, which invoked Article 142 of the Constitution of India to grant the agency jurisdiction. The court also directed the state police to hand over all 12 FIRs, related documents, and arrested individuals to the NIA and asked the agency to identify and interrogate the key conspirators, noting that the incident appeared to be well-planned.
So far, around 35 people have been arrested. EC sources said, "The gherao reportedly involved nearly 2,000 individuals, most of whom possess valid EPIC (voter ID) numbers and are listed in the electoral rolls." Even the alleged key figures, including Mofakerrul Islam and Maulana Muhammad Shahjahan Ali Qadri, are registered voters. This has added to suspicions of an organized conspiracy, rather than isolated participation, alongside concerns of possible cross-border involvement.
The Supreme Court further clarified that the NIA can register additional FIRs if the investigation uncovers a broader conspiracy or involvement of more individuals.
Following the incident, the EC held an emergency meeting with top state officials, including the Chief Secretary, DGP, Chief Electoral Officer, Kolkata Police Commissioner, and district authorities. Chief Election Commissioner Gyanesh Kumar expressed strong dissatisfaction over the handling of the situation. He questioned the absence of senior officials at the scene despite prolonged unrest and sought an explanation for the lack of preventive measures.
He also warned that any recurrence of such incidents would invite strict action, emphasizing that transfers alone would not be considered adequate accountability. In the meeting, the commission said that security will be withdrawn immediately from the leaders against whom non-bailable warrants are pending.
