New Delhi: The Supreme Court on Monday questioned the West Bengal government for moving before it challenging a direction to transfer the probe to the CBI into charges of mass sexual exploitation of women and land grab in Sandeshkhali allegedly by a ruling TMC member Sheikh Shahjahan and others.
Senior advocate A M Singhvi, representing the West Bengal government, requested a bench led by Justice B R Gavai that the court may call the matter after a couple of weeks as his client has some very important information, which could not be collected and filed with this state government’s petition. Singhvi insisted that the matter is between the state and the court, as he requested the bench to grant him a couple of weeks in the matter. The bench said it will take up the matter in July. “The information may be relevant and the court may consider having the matter after two or three weeks”, said Singhvi.
Solicitor General Tushar Mehta urged the court to pass a direction that the pendency of this state government’s plea should not be used anywhere. Singhvi said how can I use the pendency, as I have filed a special leave petition?
The bench, also comprising Justice Sandeep Mehta, said the order by the high court is only to investigate the allegations of land grabbing. “We will clarify that the matter is adjourned at your instance and the pendency of the SLP would be a ground for prolonging the proceedings before the high court”, Justice Gavai told Singhvi.
Singhvi clarified that he is not suggesting that the pendency of the SLP will be used. Senior advocate Jaydeep Gupta, also representing the West Bengal government, said they are only asking for one week's time and matter may be fixed next Monday, as the state wants to put some material on record.
The bench noted that it has recorded Singhvi’s statement that the pendency of this petition will not be used for prolonging the proceedings before the other courts. Mehta urged the court to add that it should not be used for any other reason. “The petition will not be used for any purpose”, said Justice Gavai. Gupta said, “any purpose my lords….that kind of order is asking for trouble. Any purpose…”. Mehta said it means the state wanted to use it and there is something up the sleeve and it is not mere adjournment.
Gupta said there is nothing up the sleeve. Justice Gavai said then the state’s counsel should argue the matter and the bench will hear it. “Why should the state come as a petitioner for protecting the interests of some private individuals?”, Justice Gavai asked Gupta.
He replied that there are comments about the state government and this is unfair, because the state government has taken full action. Justice Mehta said why can’t the state go to the high court and seek expungement of the remarks, if the state is aggrieved by that. Gupta said the state is aggrieved and that is why it is before the apex court. After hearing submissions, the bench has scheduled the matter for further hearing in July 2024.
The Calcutta High Court had ordered for the CBI probe into charges of sexual exploitation of women and land grab made against suspended TMC leader Shahjahan and others in Sandeshkhali in North 24 Parganas district.
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