Sandeshkhali Case: 'Why Should State Come To Protect Private Individual?' Supreme Court Asks West Bengal Govt On Plea Against CBI Probe

This was preceded by the assault on the ED officers allegedly by followers of Sheikh. The Court had transferred the probe regarding this attack on the ED officers to the CBI. The same was affirmed by the Supreme Court as well.

Now, through this judgment, the High Court has directed the CBI to investigate the alleged atrocities that have taken place in Sandeshkali. The Court has underscored the need for an impartial investigation.

“Therefore, this court is of the considered opinion that it is necessary in the interest of justice and fair play and for expeditious consideration of the various complaints and allegations an impartial enquiry is required to be conducted. The state has to provide the required support to the said agency to be appointed by us to enquire into the matter.,” the Court noted.

One of the reasons provided by the High Court was that the CBI is already in seisin over the investigation in respect of an incident that very recently took place at Sandeshkahli. The Court added that the parties will be at liberty to file their complaints before the CBI within a period of a fortnight.

Notably, the Court further took judicial notice of the fact that the State had set up a commission for returning the lands of those whose lands were grabbed and stated that the State had a duty to compensate the victims as well since it had accepted the stance that land was indeed grabbed.

“The rightful land owner from whom the land has been grabbed is not only entitled to the possession being restored to him but the nature and character of the land as it existed prior to the same being grabbed has to be restored. When such large-scale land grabbing is reported undoubtedly the State being a welfare state has to pitch him and do the needful for the rightful land owners and not point a finger to the accused by stating that it is the accused who has to do remedial measures.,” the Court noted.

The Court also ordered that it will monitor the entire investigation and shall pass further orders after the reports, as directed above, are filed by CBI. The Court also passed other directions, such as the installation of CCTVs in the relevant and sensitive places in the Sandeshkhali area.

“The State shall sanction necessary funds and the work shall be completed on priority basis within 15 days from date, waiving formalities such as tender process etc.,” the Court clarified.

It may also be noted that Sheikh is a prime accused in almost 42 criminal cases arising out of Sandeshkhali. This eventually led to his arrest by the State Police after a prolonged period of absconding.

He has been described by the court as a 'strongman' with significant political influence, was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, and had ties to the ruling party. During the hearing, 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 is a key figure.

Case Title: THE STATE OF WEST BENGAL vs. HIGH COURT AT CALCUTTA THROUGH REGISTRAR GENERAL., Diary No.- 18313 – 2024