SC upholds Calcutta HC order for CBI probe in Sandeshkhali attack on ED
The top court asked the WB govt why he was (Sheikh) not arrested for so many days
Supreme Court (PTI)
NEW DELHI: In a setback to the West Bengal government, the Supreme Court on Monday refused to interfere with the Calcutta High Court's order directing a CBI probe in the Sandeshkhali matter pertaining to the attack on ED officials. The Sandeshkhali matter related to the attack on ED officials expunges remarks made by the High Court against state police.
During the hearing, a bench of Justices BR Gavai and Sandeep Mehta asked the state police about the delay in arresting Shajahan Sheikh.
The top court asked the WB govt why he was (Sheikh) not arrested for so many days.
WB's advocate replied that there was a stay on investigation by the court and within a day after clarification came from the court, the state police arrested the accused.
The lawyer also informed the top court that seven people were arrested earlier. WB's advocate also said that allegations like state police delaying the probe were damaging.
Additional Solicitor General SV Raju, for respondents, gave the central agency's version, and informed SC that ED officials went to the house of the main accused in a matter concerning the ration scam running into crores of rupees and the ED officials were beaten up.
ASG informed the SC that some other cases had been filed, therefore, the investigation was stayed.
The apex court was hearing the West Bengal government's appeal against the Calcutta High Court order directing a CBI probe in the Sandeshkhali matter about the attack on ED officials and called the decision by the High Court against the concept of federalism.
Challenging the validity of Calcutta HC's March 5 division bench order, the West Bengal government also mentioned that the Calcutta High Court passed the order, uploaded it by 3:30 pm and asked the West Bengal government to comply with the directions by 4.30 pm which made it remediless.
"Because the impugned order passed by the Division Bench specifically frustrates the petitioners' right to challenge the same before the top court under Article 136 of the Constitution, as the impugned order dated March 5, 2024, was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm, but the directions contained therein required the petitioner state to comply with such directions by 4.30 pm on March 5, 2024, which effectively curtailed the petitioners' right to avail its remedy under Article 136 of the Constitution," read the petition filed by the West Bengal government.
"Because it is trite law that the provision of appeal as provided in a statute cannot be ousted by a judicial order, which has been done in the present case, and which has rendered the state government. Remediless while negating the concepts of Federalism, where without any material on record, and the basis of surmises and conjectures as well as a media trial being conducted, the Division Bench has, on its own accord, mixed several issues to pass the impugned order, which is factually and legally incorrect," the West Bengal government said.
Earlier this year, in January, ED officials came under attack in the North 24 Parganas district while they were on their way to raid the homes of former Bongaon Municipality chairman Shankar Adhya and Trinamool Congress leader Sheikh Shahjahan in connection with the ration 'scam' case.
Earlier, the Calcutta High Court transferred to the CBI the Sandehskhali case, which pertains to the attack on ED officials.
After weeks of no action, on February 29, Trinamool Congress (TMC) leader Sheikh Shahjahan was arrested by West Bengal police, after which West Bengal's Basirhat Court remanded him to 10-day police custody.
Following Shahjahan's arrest, the opposition Bharatiya Janata Party (BJP) claimed that he had been "put under the hospitality" of the state police in a bid to avoid arrest by the ED and the CBI.
Tension rose in Sandeshkhali after hundreds of women on the island came out on the streets against Shahjahan Sheikh, accusing him of perpetrating sexual abuse and other excesses on them along with his henchmen
