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Examine whether LPU violence warrants NIA probe: HC to Centre
The bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor also directed Punjab to forward a report about commissioning of scheduled offence in terms of section 6 of the 2008 Act, to the central government within 72 hours
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The Punjab and Haryana high court has directed the Centre to examine whether the National Investigation Agency (NIA) needs to take over the probe into violence and arson reported at Lovely Professional University (LPU), Phagwara, in September.
The bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor also directed Punjab to forward a report about commissioning of scheduled offence in terms of section 6 of the 2008 Act, to the central government within 72 hours.
“The Centre would take an appropriate decision in the matter on the basis of the report submitted by the state government within a week after getting the report. The authorities concerned would place before the court the developments in this regard by the next date fixed,” the court said, while posting the matter for hearing on November 17.
The order was passed during resumed hearing of a public interest litigation (PIL) seeking probe by an independent agency into the LPU violence.
The violence broke out on September 26 after unverified reports circulated alleging that an outsider had raped a female student at the university. A masked mob allegedly vandalised university property, set fire to campus buildings and damaged police vehicles. Protesters also allegedly pelted police personnel with stones and glass bottles before moving onto the Amritsar-Delhi National Highway (NH-44). The vandalism caused an estimated of ₹30 crore to property on the campus and in neghbourhood.
‘Evidence points to applicability of cyber terrorism offences’
The court noted that evidence gathered during probe by the Punjab police was prima facie indicative of applicability of cyber terrorism offences under section 66F of the Information Technology Act, 2000. Hence, the relevant section was invoked by the police.
Earlier, senior advocate, Gaurav Chopra had pointed out that for NIA to take up the case, a report under section 154(1) about the offence is sent by the state government and on receipt of the same Centre has to determine as to whether the offence is a scheduled offence or not, and also whether it is a fit case to be investigated by NIA.
“If such a decision is taken by the Central Government, then the investigation by the state Government would have to be stalled, and all documents in that regard would have to be referred to the Central Government,” he had submitted.
The court found that government has not so far sent a report to the Centre. Hence directed that same be done within 72 hours. Punjab Police have decided to close the investigation into the FIR registered in Kapurthala on rumours of rape on campus, that had triggered the violence. However, it is investigating the cases of arson, loot and vandalism at LPU as well as Chitkara University, Rajpura, even as it found no common link between the two. The Chitkara campus violence was reported on September 25-26, allegedly triggered by some fake posts.
