The Calcutta High Court on Tuesday transferred the probe into the January 5 attack on financial probe agency Enforcement Directorate (ED) officials in West Bengal’s Sandeshkhali by a mob of jailed and suspended Trinamool Congress (TMC) leader Shahjahan Sheikh’s supporters to the Central Bureau of Investigation (CBI).
The court also said Shahjahan Sheikh’s custody will be handed over to CBI. A division bench presided by Chief Justice TS Sivagnanam directed the Bengal Police’s Criminal Investigation Department (CID) to hand the jailed politician to the CBI by today (Tuesday) evening and share all documents related to the case.
Both the ED and the West Bengal government moved separate appeals challenging a single bench order which on January 17 ordered formation of a joint special investigation team (SIT) of the CBI and the state police to probe the mob attack on the ED officials. While the ED wanted the probe to be transferred to the CBI only, the state prayed that the investigation be given to the state police only.
Shahjahan Sheikh was arrested and suspended from the Trinamool Congress last week. Sheikh and his aides are among the key accused in cases of land grab and sexual harassment that surfaced following violent protests in Sandeshkhali island of North 24 Parganas district.
Sheikh had been on the run since January 5 after a team of ED officials was attacked by a mob of his supporters near his residence in Sandeshkhali. The team had gone to his residence to conduct searches in connection with the ration ‘scam’. While the Bharatiya Janata Party (BJP) welcomed the high court’s decision, Trinamool Congress said the Bengal Police was doing its duty deligently.
Following his arrest, the Calcutta High Court stated that the court had “no sympathy” for the Trinamool leader, thus asking his lawyers to appear before it on March 4, when a suo motu motion on alleged sexual atrocities and land grabbing of tribal people at Sandeshkhali will be heard.
The high court had reserved its verdict on the matter on Monday. During the hearing, the lawyers appearing for central agencies said the state police acted in collusion with the accused and the matter needed to be transferred to the CBI.
However, Additional Solicitor General SV Raju told the court that the state police did not do anything and mischievously arrested him in specific matters to defeat the investigation.
He said, “Let him be sent to CBI custody otherwise his arrest is a farce. It will not lead to an investigation and no one will get custody after 15 days. The matter has to be heard immediately.”
“If there is a joint investigation, information will be leaked because the police collude with the accused. The main accused is a member of TMC,” he added.
The Attorney General, appearing for the Bengal government, said unrelated cases were being dragged into the transfer matter, adding that central agencies were not cooperative.
“Investigation is a state subject and that’s why Bengal Police shall be the one probing,” the Bengal AG said.
Responding to him, ASG SV Raju said, “Our allegations were not against Bengal Police. We alleged that we were assaulted because a minister was involved. The FIR was diluted, and the offence of Section 307 under the Indian Penal Code (IPC) wasn’t added.”
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