The Calcutta High Court refused to interfere with the CBI probe into ex-TMC leader Shahjahan Sheikh in the Sandeshkhali case, stating that an accused has no right to question the choice of investigating agency.
Calcutta High Court ordered a CBI investigation into the Sandeshkhali three murder cases.
This order was delivered by Justice Joy Sengupta.
Former Trinamool leader Seikh Shahjahan challenged this order before a division bench, but the bench dismissed his plea on Monday.
The division bench, comprising Justice Debangshu Basak and Justice Prasenjit Biswas, noted that a recent Supreme Court ruling clearly states that a single bench decision cannot be contested in a division bench merely for the sake of “forum shopping.”
The Bench stated,
“As an accused, the appellant, does not have a right to be heard at the stage of investigation or have a say in the matter of an appointment of an investigating agency. Rule of audi alteram partem is not super imposed at the stage of investigation so far as an accused is concerned. High Court is not obliged to hear the accused or make the accused a party to a writ petition, in which, the writ petitioner has sought direction for investigation to be conducted by a particular investigating agency. Moreover, direction for an investigation by the CBI passed by the High Court, is not open to challenge by a prospective suspect or an accused in a criminal case.”
Based on this reasoning, the court deemed Shahjahan’s petition inadmissible.
Consequently, there are now no legal barriers to the CBI investigation into the three murders in Sandeshkhali.
Notably, several Trinamool leaders, including the primary accused Shahjahan Sheikh, have been implicated in this case. The mysterious deaths of three individuals in the Bhatpukur, Panditpara, and Nayabaj areas have raised concerns about the involvement of the state police.
Also Read: Calcutta High Court Demands Progress Report in Sandeshkhali Gang Rape Case
Following this, the single bench of the High Court ordered a CBI inquiry, which has now been reaffirmed by the division bench.
According to CBI sources, the investigation will commence shortly, and Shahjahan Sheikh may be questioned again if necessary.
Case Title: Sahajahan Sk. & Anr. Vs. Supriya Mandal Gayen & Ors
Case Number: MAT/1054/2025
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