The counsel of the ED approached the single-judge bench of Justice Jay Sengupta and sought the court’s intervention. In its petition, the central agency said though it is yet to receive a copy of the FIR, police officers have been visiting its office to record statements of its officials.
The matter is expected to come up for hearing on Thursday or later in the week.
Following the attack on a team of ED officials on January 5 during its search at the Sandeshkhali residence of TMC leader Shahjahan Sheikh, police had registered three FIRs at Nazat Police Station.
The first FIR, registered on a complaint filed by the ED, accused Sheikh’s supporters of attacking the agency officials and accompanying Central Armed Police Force personnel. The ED, in its complaint, said that three of its officers were injured and had to be hospitalised, while their belongings like mobile phones, laptops, and wallets were stolen.
The second FIR was registered on a complaint filed by an associate of the accused TMC leader. It has been alleged in the complaint that the ED officials “attempted to force their way” into the TMC leader’s residence “without showing any search warrant and in violation of the law”.
The FIR against ED officials was registered are under Indian Penal Code (IPC) sections 441 (criminal trespass), 379 (intention to commit theft) and 354 (outraging a woman’s modesty).
The third FIR was filed suo motu by the police.
On Monday, the ED in a statement had accused the West Bengal Police of registering a case under weak charges — “bailable and non-scheduled offences” — in connection with the attack on the agency’s officials.
“…A police complaint was filed for registering an FIR under Sections 307, 333, 326, 353, 392, 395, 397, 149, 148, 186, 189, 426, 435, 440, 341 & 342 r/w (read with) sections 120-B, 109 and 115 of the IPC. But the police registered the FIR under sections 147, 148, 149, 341, 186, 353, 323, 427, 379, 504, 34 (mostly bailable and non-scheduled offences). A copy of the FIR has not been shared with the directorate,” the agency said.
The ED’s move to approach the High Court came a day after Acting Director of ED, Rahul Navin, reached Kolkata and met the officials of the agency.