Today(on 8th July),The Supreme Court, led by Justices BR Gavai and KV Viswanathan, dismissed West Bengal’s Special Leave Petition challenging a High Court directive for a CBI investigation into allegations in Sandeshkhali. Despite the State’s request for a deferral, the Court upheld the broader scope of the investigation, encompassing multiple FIRs including those related to the Ration Scam.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Today(on 8th July), The Supreme Court, led by Justice BR Gavai and Justice KV Viswanathan, rejected the Special Leave Petition (SLP) filed by the State of West Bengal, which challenged the directive of the High Court for a CBI investigation into allegations of sexual assault, violence, and land grabbing in Sandeshkhali.
At the beginning of the proceedings, the State’s counsel requested a deferral, seeking time for Senior Advocate Abhishek Singhvi’s appearance. However, the Court questioned the necessity of the State’s defense of the individual, Sheikh Shahjahan, implicated in these allegations.
When the case was addressed again, Dr. Singhvi represented the State, arguing for the limitation of “far-reaching directions” to only two specific FIRs concerning Enforcement Directorate officials, contrary to the overarching application in 43 FIRs, including those associated with the Ration Scam. Dr. Singhvi asserted, “far-reaching directions” should be limited.
In response, Justice Gavai noted-
“This order isn’t all-encompassing; it applies specifically to all related incidents.”
Senior Advocate Menakha Guruswamy, representing an intervenor, presented an audio recording allegedly demonstrating attempts to exaggerate the case for political gain. Nonetheless, the Court decided not to consider this evidence. Advocates Madhavi Divan and ASG Aishwarya Bhati represented the respondents, along with Advocate Bansuri Swaraj.
The proceedings concluded with Justice Gavai dismissing the SLP and stating-
“Thank you, dismissed.”
He further clarified-
“However, we clarify that the observations in the impugned order will not influence the CBI’s impartial investigation of the FIRs.”
ensuring the investigation’s integrity following a plea by Dr. Singhvi.
Senior Advocate Jaideep Gupta also appeared for the State. The case had previously been adjourned by the Supreme Court on April 29, 2024, following a request from the State’s counsel. The Court had decreed that the ongoing petition should not delay the related proceedings at the Calcutta High Court. Subsequently, on May 2, 2024, the Calcutta High Court mandated the State authorities to fully cooperate with the Central Bureau of Investigation, amidst allegations of their non-compliance.
The government of West Bengal has recently submitted a special leave petition in opposition to a ruling by the Calcutta High Court regarding the Sandeshkhali violence incidents. The state contends that the petitioners of the Public Interest Litigation (PIL), intervenors, and other associated parties possess political agendas that may influence their motivations. Despite this, the State Police have undertaken significant measures to address the issue, measures that were overlooked by the High Court, according to the petition.
Central to the controversy is Sheikh Shahjahan, the primary suspect currently held by the Enforcement Directorate. On April 10, 2024, the Division Bench of the Calcutta High Court, led by Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya, decreed the necessity of an unbiased investigation by a capable agency.
The court articulated-
“An impartial investigation must be conducted by an agency empowered to probe the alleged criminal aspects.”
They further emphasized the importance of justice and fairness, advocating for “prompt consideration of various complaints and allegations,” necessitating a thorough and impartial inquiry. To this end, the court mandated that the State of West Bengal should assist the Central Bureau of Investigation (CBI) in examining the case.
Further allegations suggest that the case’s transfer to the CBI was solely based on their current investigation into an assault on Enforcement Directorate officials in Sandeshkhali. It was argued that the CBI should extend their inquiry to include accusations of sexual violence and property usurpation within the same locale. The High Court had autonomously recognized these issues following reports in the media concerning alleged sexual assaults, acts of violence, and instances of land grabbing in Sandeshkhali, North 24 Parganas.
The court expressed “anguish and concern” over the slow pace of prior investigations by police authorities, noting that it took up to four years for charge sheets to be filed in similar cases.
Moreover, the Calcutta High Court has restricted Sheikh Shahjahan from using his authority as the Zila Parishad Pradhan of Sandeshkhali. Furthermore, the court declined an immediate hearing for the bail plea of TMC leader Shahjahan Sheikh, arrested under allegations tied to the Sandeshkhali violence. A Public Interest Litigation was initiated in the Calcutta High Court demanding justice for the victims, advocating for a High Court-supervised CBI or Special Investigation Team (SIT) probe.
The petition, submitted by AOR Alakh Alok Srivastava, also calls for the establishment of a Fact-finding Committee, compensation for the victims, the deployment of the Central Reserve Police Force (CRPF) in the affected area, and disciplinary actions against negligent police officials.
Case Title:
State of West Bengal and Ors. v. High Court of Calcutta through Registrar General and Ors.
