NIA begins probe into Mandavi’s killing
| Date :23-May-2019 |
Staff Reporter:
RAIPUR
On the recommendation of Union Home Ministry, the National Investigation Agency (NIA) has commenced enquiry into the brutal killing of Bharatiya Janata Party Legislator from Dantewada Bheema Mandavi by Maoists. The NIA, after formally registering a First Information Report (Case RC-11/2019/NIA/DLI) dated on May 17, 2019 at NIA Police Station Delhi, has commenced investigation into the case. The NIA has registered FIR under Sections 147, 148, 149, 302, 396, 307 and 120(B) of IPC, Sections 25 and 27 of the Indian Arms Act, Sections 3 and 5 of the Explosives Sub Act and Sections 13(1)(a) and Sections 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.
The Central Government had received information that a case was registered by Chhattisgarh Police vide FIR No 11/19, dated 10.04.2019 at PS Kuakonda, Dantewada district, Chhattisgarh under Sections 147, 148, 149, 302, 396, 307 and 120(B) IPC; Sections 25 and 27 of the Indian Arms Act, Sections 3 and 5 of the Explosives Sub Act and Sections 13(1)(a) and Sections 38(2) and 39(2) of the Unlawful Activities (Prevention) Act, 1967. It is worth mentioning here that BJP Legislator from Dantewada Bheema Mandavi was brutally killed on April 10, 2019, in an IED blast triggered by Maoists near Shyamgiri hills falling under Kuwakonda police station limits. The incident had taken place just two days ahead of first phase of polling for Lok Sabha Elections – 2019. Mandavi was returning from election campaigning on his bullet-proof vehicle.
The opposition Bharatiya Janata Party had termed the attack leading to the brutal killing of Bheema Mandavi as conspiracy and had demanded impartial enquiry by Central Bureau of Investigation. Following the demands made by BJP, the central government decided to carry out investigations through NIA as the Congress government soon after coming to power had withdrawn general consent granted to the Central Bureau of Investigation (CBI) to probe cases across the state.
With the withdrawal of consent, CBI cannot investigate any fresh case in Chhattisgarh without seeking state’s consent. Meanwhile, the Section 6(5) of the NIA Act, 2008, states that if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence. Section 6(6) further states that where any direction has been given Sub-section (5), the State Government and any police officer of the State Government investigating the offence shall not proceed with the investigation and shall forthwith transmit the relevant documents and records to the Agency. It may be recalled that the state government had also instituted a judicial enquiry into the brutal killing of Bheema Mandavi, which is being carried out by Retired Chief Justice of Sikkim High Court Justice (Dr) Satish K Agnihotri. It may also be recalled that by issuing a communiqué Maoist leader Sainath who is the Secretary of Dandkaranya Special Zone and Darbha Division Committee, had taken responsibility of the brutal murder of BJP MLA Bheema Mandavi. On the other hand the Chhattisgarh Pradesh Congress has expressed concern after Central Government entrusts Bheema Mandavi’s murder investigations to NIA. Congress Spokesperson Shailesh Nitin Trivedi in a communiqué stated that the investigation was handed over to NIA without informing the state government, while Model Code of Conduct is still in force, is a matter of concern.