Sandeshkhali Row | Calcutta HC Reserves Order on Plea to Transfer Probe from WB Police to CBI Regarding Attack on ED Officers

The Calcutta High Court Today has reserved its order on the Enforcement Directorate’s prayer to transfer the investigation from West Bengal Police to CBI regarding an attack on ED officials during a raid on TMC leader Shajahan Sheikh. Allegations of bias against state police were raised, and the CBI has expressed readiness to undertake the investigation if directed by the court.

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Sandeshkhali Row | Calcutta HC Reserves Order on Plea to Transfer Probe from WB Police to CBI Regarding Attack on ED Officers

WEST BENGAL: Today (March 4th), the Calcutta High Court 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.

The hearing took place before a division bench presided over by Chief Justice T S Sivagnanam. Following submissions from the ED, the state government, and the CBI, the court concluded its proceedings.

Allegations of bias against the state police were raised by Additional Solicitor General S V Raju. Raju contended that Sheikh was intentionally arrested by the state police after the ED filed an FIR regarding the assault on its officials by a large mob of nearly 1,000 individuals on January 5th in Sandeshkhali. Despite the existence of over 40 pending cases against Sheikh for several years, Raju argued that the state police specifically targeted him in connection with this incident.

Sandeshkhali Row | Calcutta HC Reserves Order on Plea to Transfer Probe from WB Police to CBI Regarding Attack on ED Officers

“It is imperative that he be handed over to CBI custody; otherwise, the arrest serves no purpose. Without it, there will be no meaningful investigation, and after 15 days, no one will have custody. This matter must be heard and resolved today. Any further delay will prejudice my case,”
-the submission stated.

After Shajahan Sheikh’s arrest, the state government transferred the investigation in the case from the Basirhat Police to the Criminal Investigation Department (CID). According to Raju, this move was orchestrated to prevent the CBI from obtaining custody of Sheikh, even if the investigation were to be transferred to the CBI, since the maximum permissible period for police custody of an accused individual is 14 days.

Advocate General Kishore Dutta, representing the state, opposed the ED’s plea to transfer the investigation. He argued that it was actually the state police who rescued the ED officials and ensured their safe departure from Sandeshkhali in North 24 Parganas district.

The lawyer representing the CBI informed the court that the agency is ready to undertake the investigation if directed to do so by the court.

CLICK HERE TO READ PREVIOUS REPORT ON THE CASE

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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