Calcutta HC reserves order in plea to transfer probe from Bengal Police to CBI over attack on ED officers in Sandeshkhali

Kolkata: The Calcutta High Court on Monday reserved order in a prayer by the Enforcement Directorate for transfer of investigation from the West Bengal Police to CBI in connection with an attack on ED officials when they went to raid the premises of TMC leader Shajahan Sheikh at Sandeshkhali.

Hearing in the matter before a division bench presided by Chief Justice T S Sivagnanam was concluded following submissions by the ED, the state and the CBI.

The bench, also comprising Justice Hiranmay Bhattacharyya, allowed Sheikh to be a party in a suo motu motion over allegations of sexual atrocities and land grabbing of tribal people in Sandeshkhali, which is being heard by it.

Sheikh's lawyer made a prayer to be heard in the suo motu motion, which the court directed will be taken up on Wednesday.

In the transfer application, alleging that the state police were biased, Additional Solicitor General S V Raju submitted they purposely arrested Sheikh in a case by the ED on the attack on its officials by a nearly 1,000-strong mob on January 5 at Sandeshkhali, even though more than 40 other cases are pending against him for some years.

Raju claimed that this was done to deny the CBI custody of Sheikh even if the probe into the attack is transferred to it, as the maximum police custody period of an accused is 15 days in a case.

The investigation in the case was handed over to the CID by the state government from the Basirhat Police after Sheikh's arrest, who is now in police remand of the CID.

Raju submitted that the ED does not have faith in a joint investigation involving the state police, as Sheikh is a prominent leader of the ruling party and an influential person.

He said that a state minister was arrested in connection with an alleged ration distribution scam case, in relation to which the ED had gone to search the premises of Sheikh at Sandeshkhali in North 24 Parganas district on January 5, when they were attacked.

Advocate General Kishore Dutta, appearing for the state, opposed the prayer for transfer of investigation, claiming it was the state police which rescued the ED officials and managed to ensure a safe passage for them out of Sandeshkhali.

He submitted that the local police were informed by the ED only after they were attacked.

The ED and the West Bengal government have filed separate appeals challenging a single bench order that directed formation of a joint special investigation team (SIT) of the CBI and the state police to probe into the attack on the ED officials.

While the ED wants the probe to be transferred to the CBI only, the state prayed that the investigation be given only to the West Bengal Police.

Saying the state must keep its hands off the probe till the appeals are decided, the division bench observed it has already clarified in its previous order that there was no injunction on the arrest of Sheikh, but investigation in the FIRs on the attack were stayed.

The CBI's lawyer submitted before the court that the agency was willing to take up the investigation if directed by it.

Seeking an early disposal of the ED's prayer for transfer of the cases of attack on its officials to the CBI, Deputy Solicitor General Dhiraj Trivedi submitted that it was losing days of police custody of Sheikh, even if the court decides to transfer the case to the central agency.

The TMC leader was arrested by the state police on February 29, a day after the high court ordered that Sheikh, a key accused in alleged sexual atrocities on women and land grabbing at Sandeshkhali, can be arrested by the CBI, the ED or the West Bengal Police.