[Attack On ED In West Bengal] Calcutta HC Stays Order Forming SIT To Probe Incident Upon ED's Objection Over Involvement Of State Police Officials

The Calcutta High Court has stayed the order for formation of a Special Investigation Team (SIT) in an appeal by the Enforcement Directorate (ED) against the order of a single judge, which constituted an SIT comprising of State police & CBI officials to investigate the attacks which occurred on ED officers in Sandeshkhali, while they were en route to raid the residence of political leader Shahjahan Sheikh, accused in the multi-crore ration scam.

The matter was taken up by a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya. It held:

ED has challenged the order of the single judge which constituted an SIT on the grounds that the ED had not prayed for transfer of the predicate offence. On a reading of the order we find that the single bench has opined that the involvement of CBI in investigation of the current cases would be imperative considering the ineptitude of local police to handle the matter due to the political affiliations of the accused. In the background of these findings, the question to be decided in the appeal is whether the State police can be part of the SIT. The matter must be decided after hearing both parties, since the State has also preferred an appeal. Therefore, till the appeals are decided, the direction for the constitution of SIT must remain stayed. The State police shall also not investigate the matter. 

ASG SV Raju appearing for the ED submitted that the single-judge had agreed with their contentions that the investigation must be transferred to the CBI since there was a possibility of the State police sheltering the accused, who was a minister in the State government, and due to the possibility of the accused crossing over into neighbouring countries.

It was argued that even though the single judge agreed with the contention that the CBI would be able to best investigate the offences, the SIT was formed with members of the State Police since it was investigating the predicate offence, while the ED was investigating the PMLA offence, on the ground that the ED had not made a plea for transfer of the predicate offence. 

 ASG submitted that an SIT would not work, since the presumption would be that the state police would attempt to shelter the prime accused, who was a minister in the State government. 

AG Kishore Datta for the State submitted that the State had also preferred an appeal against the order of the single judge.

Upon hearing the parties, the Court admitted the appeal and listed the matter for directions on 6th March 2024.

Case: ENFORCEMENT DIRECTORATE, KOLKATA ZONAL OFFICE I VS STATE OF WEST BENGAL AND ORS.

Case No: MAT/169/2024