Attack On ED Officials In Sandeshkhali| Unsubstantiated Aspersions Cast On State Police: West Bengal Govt In Its SLP Against Calcutta HC's Order Transferring Investigation To CBI

The Supreme Court today refused to pass any orders on the request of the West Bengal Government for urgent listing of its SLP challenging the Calcutta High Court's order directing the transfer of the investigation in the FIRs relating to attacks against ED officials to the Central Bureau of Investigation (CBI).

In its SLP the State has contended that the High Court Order has cast unsubstantiated aspersions on the investigation carried out by the State Police without taking into account the correct factual matrix and the steps undertaken by the Petitioner State in diligently conducting the investigation in all the FIRs.

The SLP was mentioned by Senior Advocate Abhishek Manu Singhvi for urgent listing before the Bench of Justice Sanjiv Khanna and Justice Dipankar Dutta.

Singhvi submitted, "The urgency is that they (High Court) wanted overnight compliance in an interim order." The Bench, however, asked Singhvi to move the CJI, as he will decide on requests for urgent listing of cases.

"The Impugned order was pronounced by the Ld. Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm (approx.), but the directions contained therein required the Petitioner/State Govt. to comply with such directions by 4.30 pm on the self same day i.e. 05.03.2024 which effectively frustrated the Petitioner’s right to avail its remedy under Article 136 of the Constitution," the appeal read. It said, "Such observations are unwarranted and are likely to shake the confidence of the public and tarnish the reputation of the Police Force by setting a wrong precedent."

The West Bengal Government also stated, "Because it is trite law that the provision of appeal as provided in a statute cannot be ousted by a Judicial Order, which has been done in the present case, and which has rendered the State Govt. remediless, while negating the concepts of Federalism, where without any material on record, and basis on surmises and conjectures as well as a media trial being conducted the Ld. Division Bench has on its own accord, mixed several issues to pass the Impugned Order, which is factually and legally incorrect."

Pertinently, the Calcutta High Court, on March 5, while allowing the Writ filed by the Enforcement Directorate (ED), handed over the custody of Sheikh Shahjahan to the ED and also transferred the investigation in the FIRs relating to attacks against ED officials to the CBI.

On January 5, 2024, during the morning hours, ED Officials conducted a raid at the residence of Sheikh Shahjahan for the search and seizure of the documents while investigating a money laundering case involving a public distribution system scam. During the raid, his followers and the local persons came in buses, and about one to three thousand people gathered armed with sticks, bricks, and stones and attacked the ED officials. Three ED officials were seriously injured and were hospitalized.

The directions were given by the Division Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya in two appeals, one filed by the ED and the other by the State of West Bengal. One Writ Petition was filed by the ED for the transfer of investigation of cases in Nazat and Bongaon Police Station to the CBI, which was disposed of by the Single Judge vide the impugned order constituting of Special Investigation Team consisting of officers of CBI and State Police. Aggrieved by the order, both the CBI and the State of West Bengal preferred the intra-court appeals.

The Court highlighted that the Accused Sheikh Shahjahan who was apprehended on February 29, 2024, after being on the run for more than 50 days is not an ordinary citizen. Thus, it had become imperative and necessary for doing complete justice and enforcing the fundamental rights of the public in general and the public of the locality that the cases be transferred to the Central Bureau of Investigation for investigation and to proceed further.

Earlier, the High Court took suo moto cognizance in response to the newspaper reports of alleged sexual assault, violence, and land-grabbing cases in Sandeshkahli, North 24 Parganas, West Bengal. The Court clarified that there is no interim order of stay of the arrest of Sheikh in any case before the court. The High Court had also expressed anguish and concern over the fact that in earlier cases of a similar nature, the Police Authorities took four years to file chargesheets and there was a delay in investigations/inquiries. Subsequently, the Sheikh was arrested.

Cause Title: State of West Bengal and Ors. v. Enforcement Directorate and Ors.