Today(on 11th March), the Supreme Court dismissed West Bengal’s plea challenging the transfer of the January 5 attack case to the CBI. Certain comments against the state government and police were ordered to be removed while upholding the CBI investigation.
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NEW DELHI: Today(on 11th March),the Supreme Court has dismissed the plea of the West Bengal government challenging the Calcutta High Court‘s decision to transfer the investigation of the January 5 attack on an Enforcement Directorate (ED) team in Sandeshkhali to the Central Bureau of Investigation (CBI). The incident, which has stirred political and legal circles, involved a mob attack on ED officials during a raid at the premises linked to suspended Trinamool Congress (TMC) leader Shahjahan Sheikh.
A bench comprising Justice BR Gavai and Sandeep Mehta, while dismissing the state’s plea, also ordered the expunction of certain remarks and observations made against the state government and the police in the high court’s March 5 order. The bench noted:
“We are inclined to grant leave for the limited purpose of the observations (to expunge adverse observations against the State).”
This decision came after Additional Solicitor General SV Raju, representing the ED, stated:
“he has no objection to expunction of the remarks if the final order transferring the probe to CBI remains as it is.”
During the proceedings, the Supreme Court bench posed several critical questions regarding the delay in the arrest and investigation of Shahjahan Sheikh.
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“Why was Sheikh Shahjahan not arrested for 50 days,”
– the court inquired, highlighting the significant delay in taking action against the suspended TMC leader. Despite these concerns, the court decided not to interfere with the operative part of the High Court’s order, which mandated the transfer of the case to the CBI.
The controversy began when approximately 200 local individuals surrounded a team of ED officers at Akunjipara, aiming to raid Sheikh’s residence in connection with a ration scam case. The clash resulted in injuries to ED officers and brought to light further allegations against Sheikh, including sexual assault and land-grabbing activities in Sandeshkhali village. Following a strong reprimand from the Calcutta High Court over the delay in arresting Sheikh, he was finally apprehended by the West Bengal police on February 29, nearly 55 days after the incident.
The High Court’s intervention did not stop with the arrest; it also ordered the state police to hand over Sheikh’s custody to the CBI and criticized the state police for their handling of the situation. The Supreme Court, while addressing the plea by the West Bengal government, expunged the high court’s adverse observations but upheld the decision to transfer the investigation to the CBI.
The CBI has summoned nine close aides of Sheikh, suspected of being part of the attack on ED officials, to appear before the agency. These individuals are believed to have instigated the crowd during the January 5 incident. Sheikh, currently under CBI custody until March 14, is under investigation for his alleged role in the attack and the broader ration distribution scam case, which has already seen the arrest of a former state minister.
This case has not only highlighted the challenges faced by law enforcement agencies in conducting raids and investigations but also underscored the political tensions in West Bengal. The Supreme Court’s decision to expunge certain remarks against the state government may provide some relief to the local authorities, but the transfer of the case to the CBI signifies the seriousness of the allegations and the need for a thorough and impartial investigation.
As the CBI takes over the probe, all eyes will be on the unfolding developments and the agency’s ability to bring justice in a case that has captured the nation’s attention. The involvement of high-profile political figures and the violent obstruction of law enforcement activities have raised significant concerns about governance and law and order in the state. The outcome of this investigation could have far-reaching implications for political accountability and the rule of law in West Bengal.
CASE TITLE: State of West Bengal and ors. vs Directorate of Enforcement
