The National Investigation Agency (NIA) on Wednesday faced a setback when a special court in Kolkata dismissed a case against Chhatradhar Mahato, a key figure in the Maoist-supported Lalgarh movement from 2008 to 2011 in western West Bengal.
The court questioned the decision to charge Mahato with serious offenses under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) for a train-blockade case from 2009, which happened while Mahato was in jail.
Subhendu Saha, the magistrate of the special court, criticised the NIA for filing charges and arresting Mahato 11 years after the incident occurred.
Mahato was taken into custody from his home in Lalgarh on March 28, 2021, just one day before the state Assembly elections.
The charges were related to an incident on October 27, 2009, when a blockade staged by the Maoist-affiliated People's Committee Against Police Atrocities (PCAPA) stopped the Rajdhani Express in Jhargram.
During the blockade, protesters allegedly detained the train's driver and assistant driver and told passengers to leave the train. The situation was resolved three hours later, allowing the train to proceed.
About a month before this blockade, West Bengal's Criminal Investigation Department (CID) had already arrested Mahato, accusing him of waging war against the state and rioting. In connection with the Rajdhani Express blockade, the Bengal police had filed charges against 12 suspects, but Mahato was not among them.
Mahato was released on bail in 2019 and later became a local leader for the Trinamool Congress (TMC) in the Junglemahal region. However, the NIA arrested him in 2021, and he has remained in jail since then.
The NIA accused Mahato of masterminding the Rajdhani Express "hijacking" and claimed that PCAPA supporters had painted graffiti on the train praising Mahato. They charged him under IPC sections 121A (waging war against the nation), 506 (criminal intimidation), 341 (wrongful restraint), 148 (rioting), and invoked the UAPA, arguing that the case involved threats to India's sovereignty.
One of Mahato’s lawyers, Subhasish Roy, stated that the court questioned the basis of the NIA's claims, noting that Mahato was in jail when the incident occurred. The judge also doubted why such severe charges were applied for a simple railway track blockade. The court sided with the defense’s argument.
The court also expressed concern about the NIA's decision to start an investigation 11 years after the event, especially since it had already been investigated by state authorities.
Mahato's wife, Niyoti, expressed relief at the court's decision, claiming it proved that her husband was unfairly targeted by the NIA because he became a prominent TMC leader in Junglemahal before the 2021 Assembly elections.
"Justice has been delayed but not denied. I am waiting for him to come home," she said.
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