As per the NIA Act, the central agency can take over any case wherein charges under the UAPA have been invoked with out the consent of the state...
The Act states that the centre/MHA/NIA needs to be informed about any case registered under the UAPA by the state concerned and thereafter the centre/MHA/NIA takes considered view that whether the case should remain with the state police or be taken over by the NIA
The decision in this regard is taken following the review of the case to see whether it has national/international ramifications
If I remember correctly, in a terror case related to blast in a train in Chennai, the Tamil Nadu didn't invoke charges under the UAPA which the MHA officials saw as deliberate ploy to avoid sending a report to the centre and thus involvement of the NIA
There have been instances earlier too when the centre handed over probe to the NIA without waiting for consent from the state government concerned....may read this report from yours truly.... m.hindustantimes.com/india/burdwan-…
Important question therefore now: since the process of informing the centre/MHA/NIA must have been followed earlier too in the present case as well and the state police was allowed to continue with it's investigation and filed chargesheet too....
....so what legal reasons MHA has given to take over probe into the case very late at this juncture and whether they would stand top Court's scrutiny....if Maharashtra govt moves court
More importantly, @NIA_India can only "further" investigate the case and this word "further" is very important here and many times has gone through judicial scrutiny....so it can't "reinvestigate" the case but only "further" probe the case
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