Supreme Court Dismisses West Bengal Government’s Plea Against Calcutta High Court Order Transferring Sandeshkhali ED Team Attack Case to CBI
The Supreme Court on Monday dismissed the West Bengal government's plea challenging a Calcutta High Court order for transferring to the CBI the probe into the January 5 attack on an Enforcement Directorate (ED) team in Sandeshkhali.
New Delhi, March 11: The Supreme Court on Monday dismissed the West Bengal government's plea challenging a Calcutta High Court order for transferring to the CBI the probe into the January 5 attack on an Enforcement Directorate (ED) team in Sandeshkhali. A bench of Justices BR Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against the state government and the police in the March 5 order of the high court.
The bench noted the submission of Additional Solicitor General SV Raju that he has no objection to expunction of the remarks if the final order transferring the probe to CBI remains as it is. During the hearing, the bench posed several questions to senior advocate Jaideep Gupta, representing the West Bengal police, as to why suspended TMC leader Shahjahan Sheikh was not promptly arrested after the January 5 attack and why was there a delay in the investigation of the case. Sandeshkhali Violence: Supreme Court Refuses to Interfere With Calcutta High Court Order Directing CBI Probe
Raju contended if the investigation was not handed over to the CBI, the probe by the state police will be a farce. On March 6, the West Bengal government had approached the top court seeking urgent listing of its petition challenging the high court order, but failed to elicit prompt relief. The state government, in its plea before the apex court, dubbed the high court order as perverse, illegal, and arbitrary which deserves to be set aside.
"It is most respectfully submitted that the Impugned Order was pronounced by the 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. March 5, 2024 which effectively frustrated the Petitioner's right to avail its remedy under Article 136 of the Constitution. ED Assault Case: CBI Summons Shahjahan Sheikh's 9 Aide in Sandeshkhali
"In fact, the Advocate General appearing for the Petitioner State orally prayed seeking stay on the operation of the Impugned Order for three days to avail such legal remedy but the Division Bench not only rejected such prayer but refused to record the same in the Impugned Order," the state government said.