For the second consecutive day on Wednesday, the West Bengal government failed to list its plea in the Supreme Court for an early hearing on its appeal challenging the Calcutta High Court order to hand over the investigation into the attack on the Directorate of Enforcement (ED) officials in Sandeshkhali in January from the state police to the Central Bureau of Investigation.

The West Bengal government had on Tuesday (March 5) as well pleaded before a bench headed by Justice Sanjiv Khanna for an urgent listing of the matter. However, the bench asked senior advocate Abhishek Manu Singhvi to approach the Registrar General of the Supreme Court, following which Chief Justice DY Chandrachud will order its listing.

But Singhvi could not mention the matter before the CJI bench as Chief Justice Chandrachud is heading a nine-judge Constitution bench hearing a matter pertaining to levy of taxes in mines case.

The protocol and standard operating procedure (SOP) of the Supreme Court restrict a lawyer from mentioning any case for an urgent listing in the midst of a hearing or after the hearing is over.

Singhvi called the decision of the Calcutta High Court “against the concept of federalism.”

Challenging the Calcutta High Court’s March 5 order, the West Bengal government said that the urgency in the matter was that the CBI wanted overnight compliance with the interim order of the High Court.

Singhvi alleged that the order passed by the Calcutta High Court was uploaded at 3.30 pm and the High Court had asked the state government to comply with the directions by 4.30 pm, leaving it no time for seeking remedy.

The prime accused in the case, Shahjahan Sheikh, a Trinamul Congress leader, was arrested on February 29, after evading arrest for over 50 days.

The Calcutta High Court, in its order on March 5, transferred the probe into the attacks on ED officials by Shahjahan Sheikh’s men to the CBI. The High Court had directed that all the relevant papers and documents in the case and Sheikh’s custody be handed over to the CBI.

The High Court ordered on Wednesday as well that Sheikh’s custody be handed over to the CBI. Following this, a CBI team reached the police headquarters to take custody of Sheikh.