Sandeshkhali Violence | 'You Don't Do Anything For Months': Supreme Court Dismisses West Bengal Govt's Plea Against CBI Probe

In a significant development, the Supreme Court today dismissed West Bengal government's pleas against direction for CBI enquiry into the Sandeshkhali violence.

Briefly put, the bench of Justices BR Gavai and KV Viswanathan was dealing with a petition filed by State of West Bengal against the Calcutta High Court directing CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali by Shajahan Sheikh, a now-suspended member of the Trinamool Congress, and his followers.

The matter earlier came up on April 29, when Justice Gavai remarked, “why should the State come as a petitioner for protecting the interest of some private (individual)?”. In response, Senior Advocate Jaideep Gupta (appearing for West Bengal) had said that there were comments about the State government, despite it taking full action.

The hearing was then adjourned at the request of Senior Advocate Dr Abhishek Manu Singhvi (appearing for West Bengal), subject to a condition that the pendency of the petition would not be used as a ground for any other purpose.

Today, Singhvi appeared and argued that the impugned directions sought to cover not only the incidents of sexual assault and land grabbing but others as well, such as an alleged ration scam for which 43 FIRs were registered (the first FIR about 4 years ago).

"Far reaching directions to CBI at the most could be restricted to two FIRs, which related to ED officials. Now the impugned directions cover everything (like ration scam)", he submitted.

The Bench however was not convinced, being of the view that all FIRs pertained to Sandeshkhali and as such, the impugned order was not an omnibus order. Justice Gavai lamented that the state "did not do anything for months", and posed again an earlier question ie "why the state should be interested in protecting someone".

On this, Singhvi clarified that there were en masse observations made in the impugned order, even though much work had been done especially insofar as the alleged ration scam was concerned.

Not persuaded to allow the plea, the bench passed its order. However, it was clarified that the observations made in the impugned order shall not influence CBI in conducting its investigation impartially. 

Background

Unrest in Sandeshkhali began after an assault took place on ED officers, allegedly by followers of local 'strongman' Shahjahan Sheikh. The situation escalated with widespread reports of sexual assault and land grabbing being attributed to Shahjahan and his followers, who belonged to the ruling dispensation in West Bengal.

On February 13, 2024, the Calcutta High Court took suo moto cognizance of newspaper reports on alleged sexual harassment of women in Sandeshkhali and tribal lands that had been forcibly taken over.

During the hearings, the High Court expressed concern over the State Police's "hide and seek" tactics and the need for an impartial inquiry into the public distribution system scam, of which Sheikh was a key figure.

Ultimately, it passed orders for a CBI probe, taking judicial notice of the fact that the State had set up a commission for returning the lands of those whose lands were grabbed. It was stated that the State had a duty to compensate the victims as well since it had accepted the stance that land was indeed grabbed.

Shahjahan Sheikh, who was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, was the prime accused in almost 42 criminal cases arising out of Sandeshkhali. He came to be arrested by the State Police after a prolonged period of absconding. 

Notably, in March, 2024, the probe into Shahjahan's men's attack on ED officials who had gone to Sandeshkhali to raid the residence of the former in connection with a ration scam, was transferred to the CBI. The decision was affirmed by the Supreme Court.

Case Title: The State of West Bengal v. High Court at Calcutta through Registrar General, SLP(C) No. 9462-9465/2024