Kolkata: The Calcutta High Court Tuesday ordered a CBI investigation into the 5 January attack on Enforcement Directorate (ED) officers while they were conducting raids at Trinamool Congress (TMC) strongman Sheikh Shahjahan’s residence near Sandeshkhali — a major setback for the Mamata Banerjee-led West Bengal government.
While passing the order, Chief Justice of Calcutta High Court T. S. Sivagnanam also ordered the state police-led CID to hand over Shahjahan’s custody to the central agency by 4.30 pm.
CBI officers, under the security cover of Central Armed Police Forces (CAPF), reached the CID headquarters in Kolkata to take over custody of Shahjahan moments after the Calcutta High Court order. However, the CBI team left the CID office almost two hours later, without the strongman.
The West Bengal government has now sought a stay on the CBI investigation before the Supreme Court, which is likely to come up for hearing Wednesday. For now, Sheikh Shahjahan remains in the CID’s custody in Kolkata.
The transfer of the attack on ED officers case to the CBI is a blow to the state because so far, the state police were investigating all cases against Sheikh Shahjahan including the attack on the ED officers. With Tuesday’s HC order, the chief justice has shifted the responsibility of the probe solely to the CBI, eliminating the state police’s role completely.
Incidentally, the West Bengal government had earlier withdrawn general consent to the CBI, which essentially means that to conduct an investigation within Bengal, the CBI will have to seek consent from the state government.
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Pitiable state of affairs: HC
The Calcutta High Court’s Tuesday order, seen by ThePrint, stated, “We have no hesitation in our mind to hold that this confidence has been shaken and there can be no better case than the case on hand which requires to be transferred to be investigated by CBI. It is a pitiable state of affairs when we hear the allegation made by ED that they were not even given the copy of the FIR registered based on their complaint…and they were able to secure a certified copy only after they filed the writ petition.”
The ED claimed before the high court that despite seeking an FIR under IPC Section 307 IPC (attempt to murder) for the attack on its officers, the police didn’t include the section. The central agency also alleged that the police did not share a copy of the FIR till the time it filed an affidavit in court. While the deputy director of the ED, Kolkata zone, filed a complaint regarding his officers coming under attack, the Nazat police station lodged a counter FIR against ED officers.
“Thus, ED contended that their officers have been falsely implicated in FIR no. 7 at the behest of Shahjahan for political reasons. Further, it was contended that due to influence of politically influential persons, involved in the scam of distribution of the ration items, the state police in order to create pressure and hamper the ongoing investigation are taking all steps to thwart the entire process,” the court’s 19-page order stated.
It added: “It is contended that any investigation by the state police would be as such neither objective nor fair and can be termed a complete miscarriage of justice. In this factual background, ED sought for a transfer of all the cases to CBI.”
Sheikh Shahjahan & the attack on ED officers
Sheikh Shahjahan — a Trinamool district convenor who was arrested on 29 February and now stands suspended by the party — and his aides have been accused by Sandeshkhali residents of land grabbing, extortion, political muscle-flexing and exploitation of women.
After absconding for 55 days, Shahjahan, who was not only facing the ire of Sandeshkhali, but has also been named as the prime accused in the 5 January attack on ED officers.
On 5 January, three ED officers sustained injuries and were admitted in hospital after being attacked by a mob while conducting raids at Shahjahan’s residence in connection with the Public Distribution System (PDS) scam case.
Last month, the ED had moved the Calcutta High Court seeking a stay on a single-bench order that constituted a joint Special Investigation Team (SIT) of the CBI and the West Bengal police to probe the matter. Alleging police inaction, the ED moved the chief justice’s bench seeking directions for only the CBI to probe the matter.
(Edited by Gitanjali Das)
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