Sandeshkhali row: Supreme Court rejects West Bengal plea against CBI probe

New Delhi, March 11

The Supreme Court on Monday dismissed the West Bengal government’s petition challenging the Calcutta High Court’s order transferring the probe into the January 5 attack on an Enforcement Directorate (ED) team in Sandeshkhali to the CBI.

3 Shahjahan ‘aides’ land in police net

• The CBI on Monday arrested three alleged associates of suspended TMC leader Shahajahan Sheikh, including his security guard, in connection with the January 5 attack on an ED team, officials said
• Besides Sheikh’s security guard Didar Baksh Molla, the CBI also arrested Jaiuddin Molla, the panchayat pradhan of Sarberia village, and another person Faruk Akunji

The attack on the ED team was allegedly carried out by supporters of the now-suspended TMC strongman Shahjahan Sheikh on January 5. A Bench comprising Justice BR Gavai and Justice Sandeep Mehta, however, expunged certain adverse remarks against the state government and the police in the March 5 high court order, after Additional Solicitor General SV Raju submitted that he had no objection to expunction of the remarks if the final order transferring the probe to CBI was not disturbed.

If the investigation was not handed over to the CBI, the probe by the state police would be a farce, Raju told the Bench. The Bench sought to know from senior advocate Jaideep Gupta, representing the West Bengal Police, as to why suspended TMC leader Shahjahan Sheikh was not promptly arrested after the attack and questioned the delay in the investigation.

“Why was he (Sheikh) not arrested for 50 days?” the Bench asked Gupta, who said there was a stay on the investigation at that time and the state government had to move the high court for clarification.

“After the clarification of the order of the high court, he (Sheikh) was arrested in 24 hours. Even earlier also, after the January 5 attack, when the police had registered an FIR in the case, seven people were arrested,” Gupta said. He added that delay in the investigation was “utterly incorrect”.

Referring to the high court order, the Bench said 42 FIRs were lodged against Sheikh and sought to know why they were registered. As Gupta said all these FIRs were lodged over a period of time and involved Sheikh as well as some others, the Bench asked, “So, why weren’t chargesheets filed? How long does it take?”

“They tried to water down the case insofar as the assault of the ED officers was concerned. Three ED officers were injured. Section 307 of IPC (attempt to murder) was made out but they filed some other case and that’s why the investigation was stayed by the court. It was only after the High Court asked that the Advocate General agreed to add section 307 of IPC,” Raju alleged.

The West Bengal Government had on March 6 moved the top court seeking urgent listing of its petition against the high court order, terming it as perverse, illegal, and arbitrary, which deserved to be set aside.