The Calcutta High Court has put a temporary stop to the formation of an SIT to investigate the Sandeshkhali ED attack, responding to an ED appeal.
The Calcutta High Court has mandated the creation of a (SIT) comprising officers from both the Central Bureau of Investigation (CBI) and the Bengal Police to collaboratively investigate the violent attack on an Enforcement Directorate (ED) team. The ED team had gone to conduct a raid on the residence of Trinamul leader Shahjahan Sheikh on January 5 in Sandeshkhali, North 24-Parganas.
Justice Sengupta, has emphasized the need for a joint effort in investigating the attack on the ED officers. The SIT will be tasked with submitting its report to the relevant district court, with continuous monitoring of the investigation’s progress.
Then, On Wednesday, The Calcutta High Court has temporarily suspended the establishment of a Special Investigation Team (SIT), which had been previously instructed to investigate the attacks on Enforcement Directorate (ED) officers in Sandeshkhali. This decision emerged following an appeal by the ED challenging a single judge’s order. The initial ruling had directed the creation of an SIT comprising both State police and Central Bureau of Investigation (CBI) officials. The incident under scrutiny pertains to the assault on ED officers during their mission to raid the home of Shahjahan Sheikh, a political figure implicated in a multi-crore ration scam.
The appeal was heard by a division bench comprising Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya. The bench critically evaluated the grounds on which the ED challenged the single judge’s order. The ED’s contention was based on the argument that it had not requested the transfer of the predicate offence for investigation.
The division bench noted,
“On a reading of the order we find that the single bench has opined that the involvement of CBI in investigation of the current cases would be imperative considering the ineptitude of local police to handle the matter due to the political affiliations of the accused.”
The court’s discussion highlighted a crucial issue about whether the State police should be part of the SIT. The decision on this matter needs to come after a thorough hearing from both sides.
The bench mentioned,
“Therefore, until the appeals are decided, the direction for the constitution of SIT must remain stayed. The State police shall also not investigate the matter,”
Indicating a temporary halt to the State police’s involvement in the investigation.
Representing the ED, ASG SV Raju argued that the single judge had recognized the need to transfer the investigation to the CBI, given the potential for the State police to protect the accused, who held a ministerial position in the State government. Despite agreeing with the ED’s stance on the CBI’s capability to more effectively conduct the investigation, the formation of an SIT including State police members was decided upon, as they were investigating the predicate offence, while the ED focused on the PMLA offence.
The court’s decision to admit the appeal and schedule further directions for March 6, 2024, has introduced a delay in the investigation process, particularly concerning the attack on Shahjahan Sheikh’s residence in Sandeshkhali.
The incident at Sandeshkhali, where Trinamool Congress leader Shahjahan Sheikh was targeted, has become a focal point of contention between the central and state investigative agencies. Initially, the CBI sought to take the lead in the investigation, citing concerns over the impartiality and effectiveness of the state police.
This led to a directive for the formation of an SIT, which was intended to balance the involvement of both the CBI and the state police. However, the recent stay order by the division bench of the High Court has put these plans on hold.
