The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation (CBI) the probe into an attack on a team of Directorate of Enforcement (ED) officers at Sandeshkhali on January 5.
A Bench of Justices B.R. 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 quizzed West Bengal, represented by senior advocates A.M. Singhvi and Jaideep Gupta, as to why suspended TMC leader Shahjahan Sheikh was not promptly arrested after the January 5 attack.
“There was a stay on investigation. We went back to court asking for a clarification. It was clarified. Within one day, he was arrested… To say that the State Police is delaying the investigation is not borne out at all from the material. These kinds of allegations are very damaging,” Mr. Gupta submitted.
Additional Solicitor General S.V. Raju, for the ED, said the probe by the State Police was a farce.
“They tried to water down the case, insofar as the assault of the Enforcement Directorate officers is concerned. They filed some other case. That is why the investigation was stayed. Advocate General then agreed to add Section 307 (attempt to murder) of the Indian Penal Code,” Mr. Raju said.
The law officer said the case involved a ration scam running into crores of rupees.
“ED officials went to the house of the main accused. The door was not open and they were beaten up… They tried to water down the case, insofar as the assault of the ED officer is concerned,” Mr. Raju submitted.
Mr. Singhvi and Mr. Gupta had questioned the High Court’s decision to set aside the formation of a Special Investigation Team (SIT) with State Police members and instead transfer the case to the CBI.
