[Sandeshkhali] Calcutta High Court Reserves Verdict In Plea To Transfer Investigation Against Shahjahan Sheikh To CBI

The Calcutta High Court on Monday was told by ASG SV Raju that the State police, which had arrested Shahjahan Sheikh-prime accused in the unrest in Sandeshkhali, was attempting to frustrate the investigation since they were in collusion with the accused.

Counsel prayed that the investigation into the attacks on the ED officials at Sandeshkhali, be transferred to the Central Bureau of Investigation ("CBI").

The matter was being heard by a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.

On an earlier occasion, the bench had clarified that the ED or CBI would be free to arrest Sheikh since there were no orders to stay the same. 

At the present hearing, ASG Raju submitted that the State police had arrested Sheikh on the basis of an ED complaint and that as soon as his custody was taken under the CrPC, there was a time period of 15 days, within which, if the investigation was not transferred, then the police custody would be frustrated.

It was stated that since the accused was arrested on the 29th of February, already five days had elapsed, and the State police were attempting to waste further time in order to frustrate the purpose of the investigation. 

"Let him be given to CBI custody otherwise arrest is a farce. It will not lead to investigation and no one will get custody after 15 days. The matter has to be heard today and decided. Everyday will prejudicial to me," it was submitted.

It was submitted that from the inception, the State police were attempting to shield the accused, since they had registered an FIR against the ED officials after they were attacked while attempting to conduct a raid on Sheikh's house in connection with the ration scam, and that even after reassurances, charges under Section 307 IPC were not added against him.

It was argued that the investigation must be transferred since allegations were of assault on a central agency and that the State police had taken no steps in furtherance of their investigation, thereby proving that they were not capable of investigating, but instead trying to deflate the investigation.

Advocate General for the State argued that the investigation had been carried out by the State CID, and that charges under Section 307 IPC, as well as all possible sections were added against the accused.

We are not trying to shield anybody, it was argued.

It was further submitted that investigations could only be transferred in rare cases where allegations were against police personnel or high-ranking state officials, whereas in this case the police only became involved when the ED requested their intervention after they were assaulted by local goons in Sandeshkhali.

It was submitted that no grounds were made for the transfer of the investigation to the CBI.

In reply, the DSG submitted that inconsistencies in the conduct of the State were pointed out by a coordinate bench, which had directed the State to file an affidavit on the discrepancies in FIRs filed against the ED officials, as well as on the attacks on them in Sandeshkhali. It was submitted that such an affidavit had yet not been filed.

Accordingly, upon hearing the parties, the Court closed the hearing and reserved its judgment.

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

Case No: MAT/169/2024