[Attack On ED In West Bengal] Calcutta HC Transfers Probe To CBI, Directs State To Immediately Handover Custody Of Shahjahan Sheikh

The Calcutta High Court on Tuesday transferred an investigation to the Central Bureau of Investigation (CBI) pertaining to the assault on Enforcement Directorate (ED) officers who had gone to Sandeshkhali, West Bengal to raid the residence of ration-scam accused Shahjahan Sheikh.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya set aside an earlier order constituting an SIT with members of the state police and directed the State to forthwith transfer all papers concerning the matter to the CBI, as well as the custody of prime accused Shahjahan Sheikh. It held:

It was made explicitly clear that the West Bengal State Police are restrained from proceeding with the investigation in the cases which have been registered by them. Despite such an order, the one case stood transferred to the CID, West Bengal who has issued notices dated 01.03.2024 under Section 91 and Section 160 CrPC. Thus, this act of the State Police would be sufficient to hold that the State Police are totally biased and every attempt is being made to delay the investigation in order to protect the accused who has been absconding for more than 50 days

Yesterday, upon hearing both sides, the Court had reserved its verdict on the issue of transfer of investigation to the CBI.

Shahjahan Sheikh a 'strongman' who is in a position to influence state police's investigation

Court further held that the accused was stated to be a “strong man” in the locality and had powerful connections in the ruling party apart from having been elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas having been fielded as a candidate of the ruling dispensation.

It noted that the State Police had played a “hide and seek” methodology in all probabilities to shield the accused who undoubtedly was a highly politically influential person who had shown that he would be in a position to influence the investigation if allowed to continue with the State Police.

It held that the case investigating into the public distribution system scam involved highly politically powerful persons including the accused Shahjahan, and merited a fair, honest and complete investigation to retain the public confidence

We have no hesitation in our mind to hold that this confidence has been shaken and there can be no better case than the case on hand which requires to be transferred to be investigated by CBI, the Court said.

Attack occurred on members of a central agency such as ED, and CRPF personnel performing official duties

The Court further observed that the mob attack which took place in Sandeshkhali, was against officers of the ED, and CRPF who were travelling to discharge their official duties, and that such an attack had to be coordinated by the accused persons.

It was noted that in spite of the State police's assertion that members of ED and CRPF had to be rescued from the area, the only FIR's lodged at the jurisdictional police station, were all under bailable offences, except one, leading to the assumption that the State police had underplayed the situation.

In the result, the Court held that the investigation would have to be transferred to the CBI keeping in view the social status and political influence of the accused Shahjahan Sheikh.

The accused who has been apprehended on 29th February, 2024 after being on the run for more than 50 days is not an ordinary citizen. He is an elected representative of the public, holding the highest office in a Zilla Parishad, he was fielded as the candidate at the elections held for the said post by the political party which is ruling dispensation. Thus, it has become imperative and absolutely necessary for doing complete justice and enforcing the fundamental rights of the public in general and the public of the locality that the cases be transferred to the Central Bureau of Investigation for investigation and to proceed further, it concluded.

Background

The application was moved by the CBI, which believed that the State Police's custody of Sheikh would frustrate the purpose of the investigation, which involved him masterminding an assault on members of a central agency. 

After the assault on the ED officers, the situation in Sandeshkhali further precipitated into a state of unrest, with widespread reports of sexual assault and land grabbing being attributed to Shahjahan and his followers, belonging to the ruling dispensation in West Bengal.

The division bench is also seized of a suo moto matter regarding the alleged illegalities perpetrated against the people of Sandeshkhali by Shahjahan and his men.

Earlier, the Court had clarified that there was no stay order on the arrest of Shahjahan Sheikh, who was the prime accused in almost 42 criminal cases arising out of Sandeshkhali, eventually leading to his arrest by the State Police after a prolonged period of being absconding.

ASG SV Raju had argued before the Court that the custody of Shahjahan ought to be handed over to the CBI, since after 15 days of him remaining in state police custody, no other agency would be able to seek his custody, thereby frustrating the purpose of the investigation.

It was argued that the state police was colluding with Sheikh, since they had registered FIRs against ED officials on the very same day when the officials were assaulted in Sandeshkhali, thereby not inspiring any confidence in their abilities.

Advocate General for the State had argued that the investigation had been handed over to the State CID, who was examining the allegations, and had added "all possible sections" against Shahjahan Sheikh, including charges under Section 307 IPC.

Pertinently, the division bench had earlier, on the request of the CBI, stayed an order constituting an SIT with members of the State police as well as CBI to investigate the assault on ED officials, since the CBI had apprehended that state police involvement would lead to leakage of information.

Citation: 2024 LiveLaw (Cal) 62

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

Case No: MAT/169/2024

Click here to read order