The Calcutta High Court on Wednesday stayed a single bench order for forming a joint special investigation team (SIT) comprising the Central Bureau of Investigation (CBI) and the West Bengal Police to probe an attack on Enforcement Directorate officials on January 5.
A division bench of Chief Justice T.S. Sivagnanam and Justice Supratim Bhattacharya stayed the single bench order pointing out that till the appeals are decided, the direction for the constitution of SIT must remain and the State police shall also not investigate the matter.
“ED has challenged the order of the single judge which constituted an SIT on the grounds that the ED had not prayed for transfer of the predicate offence. On a reading of the order we find that the single bench has opined that the involvement of CBI in investigation of the current cases would be imperative considering the ineptitude of local police to handle the matter due to the political affiliations of the accused. In the background of these findings, the question to be decided in the appeal is whether the State police can be part of the SIT,” the bench observed.
On January 5, a team of ED officials were attacked at Sandeshkhali in State’s North 24 Parganas when the team went to conduct searches at the house of Trinamool Congress leader Sheikh Shahjahan. On January 17 Justice Jay Sengupta directed the formation of an SIT headed by one SP rank officer each from the CBI and the state police to investigate the attack.
The ED, in its prayer before the Calcutta High Court had claimed that the State police would not be able to hold an independent probe since a minister is allegedly involved in the alleged ₹10,000 crore ration distribution scam. State’s Minister Jyotipriya Mallick is behind the bars for his alleged involvement in the scam. The West Bengal government has also filed an appeal before the division bench seeking that the State police be allowed to continue the investigation solely into the attack on the ED officials. The matter will come up for hearing on March 8.
Meanwhile, more than a month after the attack on ED officials, Sheikh Shahjahan remains absconding. The Trinamool Congress leader also skipped the second summon by the ED on Wednesday. Mr. Shahjahan had approached for interim bail but the Courts have not heard these prayers.
