New Delhi: The Supreme Court on Monday declined to entertain West Bengal's petition against Calcutta High Court order transferring to CBI probe related to attack on Enforcement Directorate team in Sandeshkhali, in which former TMC leader Shahjahan Sheikh is an accused.
The apex court also expunged High Court's observations against West Bengal government, police in order transferring probe to CBI in Sandeshkhali ED team attack case.
A bench led by Justice B R Gavai asked the counsel, representing the West Bengal government, why Shahjahan Sheikh was not arrested for so many days. Senior advocates Jaideep Gupta and A M Singhvi, represented the state government before the apex court.
The West Bengal counsel informed the bench that there was a stay on investigation and the state went back to court for a clarification, and added that within one day, Shahjahan was arrested. The bench, also comprising Justice Sandeep Mehta, pointed out that the high court order mentions 42 FIRs against the accused and what is the duration of these FIRs? The state’s counsel said he will have to find out the details.
Justice Mehta queried were these FIRs against the same accused? The counsel replied that it was against Shahjahan and others. The bench queried the counsel, how long does it take for a chargesheet to be filed? Why was Shahjahan Sheikh not arrested for so long? The apex court was informed that seven people were arrested and only one person was not arrested.
The state’s counsel submitted that it is not correct to say that the police were delaying the investigation and these kinds of allegations are very damaging.
Additional solicitor general S V Raju, representing the central agencies, said that in a case involving a ration scam running into crores of rupees, ED officials went to the house of this main accused and the door was not opened and they were beaten up. Raju said that an attempt was made to water down the case, regarding the assault of the ED officer. Raju argued that there were deficiencies in state police's handling of the case.
During the hearing, the bench posed a query to both parties, what's wrong with joint SIT with state police officers and CBI officials?
Raju said that it was ordered by a single-judge and it was noted by the court that a case is made for CBI investigation but since the same is not sought for predicate offence, the joint team was directed to be created. The apex court was informed that it was challenged by both parties before the high court.
Raju said the police did not hand over the documents and the main accused has been patronised by local police and politicians, and pointed out that he was not available for over 50 days, and then he appeared overnight. Singhvi said his client is very concerned about the observations against the police. Raju said that those observations may be deleted, and then the matter may go. Singhvi said if those observations are deleted, then what are the grounds?
The apex court agreed to expunge the high court's critical remarks against state police machinery.
The West Bengal government moved the apex court challenging the Calcutta High Court order transferring the probe into an attack on Enforcement Directorate officials at Sandeshkhali on January 5 from the West Bengal police to the CBI. The high court had also directed that the custody of TMC leader Shajahan Sheikh, who was arrested by the West Bengal police on February 29, be handed over to the central agency.
The state government’s plea, in the apex court, said the high court’s refusal to stay its order for 3 days to enable filing of appeal, rendered state remediless. “Impugned Order frustrates the Petitioner’s right to avail a remedy available to it under law. Unsubstantiated aspersions casted on State Govt. as the investigating agency to direct transfer of investigation. Transfer of Investigation to CBI in a cursory manner is in violation of the law laid down by this court”, said the plea.
The plea said that the high court, in its haste in painting the entire state machinery as biased and in cohoots with the ruling dispensation, completely ignored the material placed before it indicating the measures taken by the State Govt./State Police in the investigation, till such times that fetters were imposed in continuing the same. “the Hon’ble Division Bench proceeded to transfer the investigation to the CBI in the absence of any of the circumstances described hereinabove, on the mere asking of the Respondent/ED, who has itself not asked for transfer of investigation to the CBI in the first place”, said the plea.
The apex court, in its order, said it is “not inclined to interfere with impugned order. Insofar as the directions, we are not inclined to entertain this SLP. However, the observations made with regard to conduct of police and state govt shall stand expunged."
The development comes as CBI visited Bongaon in North 24 Parganas district on Monday in connection with its investigation into the attack on ED team that went to arrest TMC leader Shankar Adhya on January 5. The ED team was attacked by a mob when they went to search properties linked to him in connection with the alleged ration scam. Adhya, the former chairman of the Bongaon Municipality, was arrested following the searches that lasted for around 17 hours.
The mob allegedly tried to prevent the ED team from taking Adhya with them, hurling stones at their vehicles. The CRPF personnel accompanying the team had to baton charge to control the situation, they added. The CBI team that went to Adhya's house was accompanied by forensic sciences personnel, officials said.
CBI officers were seen using 3D scanners for mapping Adhya's home and the adjoining area. They also videographed the neighbourhood. They also served a notice to Adhya's family, seeking footage from January 5 of the CCTV cameras installed at the house, officials said.
The CBI also visited the house of Gopal Seth, the present chairman of Bongaon Municipality, seeking CCTV footage of the Simultala area, where Adhya's residence is located, of the first week of January, they said. Seth said that he informed the CBI that the footage was stored for 25 days. Shahjahan Sheikh was arrested on February 29 following violent protests led by women over allegations of sexual atrocities and land grabbing after remaining on the run for 55 days since the attack.
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