The Calcutta HC Today (March 5th) issued an order transferring the investigation of an assault on ED officials in Sandeshkhali on January 5 from the West Bengal Police to the CBI. Additionally, the court directed that the custody of TMC leader Shajahan Sheikh, apprehended by the West Bengal police on February 29 in relation to the incident, be transferred to the central agency.
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Kolkata: The Calcutta High Court Today ordered transfer of the probe into an attack on ED (Enforcement Directorate) officials at Sandeshkhali on January 5 from the West Bengal Police to the CBI. The court also directed that the custody of TMC leader Shajahan Sheikh, who was arrested by the West Bengal police on February 29 in connection with the attack, be handed over to the central agency.
A division bench presided by Chief Justice T S Sivagnanam directed that the directions be complied with by 4.30 pm Today.
Both the ED and the West Bengal government moved separate appeals challenging a single bench order which on January 17 ordered formation of a joint special investigation team (SIT) of the CBI and the state police to probe the mob attack on the ED officials.
While the ED wanted the probe to be transferred to the CBI only, the state prayed that the investigation be given to the state police only.
The TMC leader was arrested by the state police a day after the high court ordered that Sheikh, who is also the prime 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.
Both the Enforcement Directorate (ED) and the West Bengal state government have lodged separate appeals against a single bench’s decision. This decision, made on January 17, mandated the establishment of a Joint Special Investigation Team (SIT), comprising both the Central Bureau of Investigation (CBI) and the state police, to delve into the violent incident involving a mob attack on ED officials.
Diverging Appeals for Investigation Control
The appeals highlight a significant divergence in the preferences for the investigation’s control between the central and state authorities. The ED, representing the central government’s stance, has pushed for the entire investigation to be shifted under the purview of the CBI. They argue that a central agency like the CBI would conduct a more impartial and effective investigation into the mob attack incident.
On the other hand, the West Bengal government has advocated for a different approach. They propose that the investigation should be exclusively handled by the state police. The state government’s appeal underscores a desire for local jurisdiction over the case, suggesting that the state police are better positioned to handle the nuances and specifics of the incident due to their familiarity with local dynamics and issues.
Backdrop of Political and Criminal Allegations
The legal battle over the investigation’s control comes in the wake of significant political and criminal allegations. The controversy centers around a TMC leader, who became the focal point of law enforcement following a high court directive. This directive allowed for the arrest of the leader, identified as Sheikh, who is entangled in serious accusations including alleged sexual atrocities against women and land grabbing activities in the Sandeshkhali area.
The arrest by the state police occurred just a day after the high court’s ruling, which permitted not only the state police but also the CBI and the ED to apprehend Sheikh. This move has added layers of complexity to the case, intertwining criminal allegations with political rivalries and jurisdictional disputes between state and central investigative agencies.
Implications and Expectations
The separate appeals by the ED and the West Bengal government underscore a critical juncture in the state’s political and legal landscape. The outcome of these appeals could significantly influence the direction and effectiveness of the investigation into the mob attack on ED officials, as well as the broader allegations against the TMC leader.
As the legal proceedings unfold, observers and stakeholders are keenly watching how the balance between state sovereignty and central oversight will be navigated in this high-stakes investigation. The resolution of these appeals holds the potential to set precedents for future collaborations or confrontations between state and central law enforcement agencies in India.
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