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SC refuses to interfere with Calcutta HC order transferring Sandeshkhali probe to CBI

Noting the delay by the State police in arresting Shahjahan Sheikh, Justice Gavai asked senior advocate Jaideep Gupta why Shahjahan Sheikh was not arrested for so many days.

SC refuses to interfere with Calcutta HC order transferring Sandeshkhali probe to CBI

Supreme Court. (File Photo: IANS)

The Supreme Court on Monday – March 11 – refused to interfere with the March 5, 2024, Calcutta High Court’s order handing over to the Central Bureau of Investigation (CBI), the investigation into Sandeshkhali attack on the officials of the Directorate of Enforcement (ED) who had gone to raid premises linked to suspended Trinamool Congress (TMC) leader Shahjahan Sheikh in January this year.

While refusing to interfere with the High Court order transfecting probe by the West Bengal police to the CBI, a bench of Justice BR Gavai and Justice Sandeep Mehta, however, expunged the High Court’s adverse observations against the State government and the State police for an apparent delay in arresting Shahjahan Sheikh.

Noting the delay by the State police in arresting Shahjahan Sheikh, Justice Gavai asked senior advocate Jaideep Gupta why Shahjahan Sheikh was not arrested for so many days.

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Explaining the delay, Jaideep Gupta told the bench that “There was a stay on investigation. We went back to court asking for clarification. It was clarified. Within one day, he was arrested.”

Refusing to interfere with the High Court’s order transferring the investigation from the State police to the CBI, the bench in its order said, “We are inclined to grant leave for the limited purpose “of expunging the adverse observation against the State.

“The observations against the police and the State government are deemed to be expunged,” the top court said in its order.

Additional Solicitor General SV Raju appearing for the Directorate of Enforcement did not object to the expunging of adverse observation by the High Court against the state government and the State police.

The West Bengal government on Tuesday (March 5) moved the Supreme Court against Calcutta High Court order directing the handing over of the investigation by the State police to the Central Bureau of Investigation into the Sandeshkhali attack on the officials of the Directorate of Enforcement (ED) in January this year.

The West Bengal government had approached the Supreme Court on March 5, 2024, within hours of the State High Court directing the handing over of the probe to the CBI, including the custody of the prime accused Shahjahan Sheikh to the central investigating agency.

Later on, under the direction of the High Court, the custody of Shahjahan Sheikh was handed over to the CBI.

In January, the officials of the Directorate of Enforcement were allegedly attacked in the North 24 Parganas district while they were on their way to raid the homes of Shankar Adhya – former chairman of Bongaon Municipality and Trinamool Congress leader Shahjahan Sheikh in connection with the ration ‘scam’ case.

Shahjahan was arrested by the West Bengal police from North 24 Parganas district in connection with the alleged assault on ED officials during a raid in connection with the ration scam case.

 

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