• Calcutta HC stays state police FIRs against ED
    Times of India | 12 January 2024
  • KOLKATA: Calcutta high court stayed Thursday Bengal police proceedings against ED officers involved in the search at Sandeshkhali in North 24 Parganas district, with Justice Rajasekhar Mantha halting two FIRs until March 31, citing "inconsistencies".

    Additionally, an HC division bench dismissed a PIL seeking an investigation by NIA and CBI into the attack on ED officers at Sandeshkhali and Bongaon.The bench ruled that the petition lacked substance, citing its reliance on only a few newspaper cuttings.

    On January 5, a mob attacked and wounded three ED officers when the central agency, along with a posse of CRPF men, went to search the house of local Trinamool leader Sheikh Shahjahan as part of an investigation into the alleged Rs 550-crore ration scam. The same day, another ED team was attacked with stones when it visited Bongaon to arrest another ration scam accused, TMC leader Shankar Adhya.

    Bengal police had filed two FIRs against ED officers at Nazat police station after the Sandeshkhali violence. One FIR, based on a complaint by Dildar Bax Mollah, accused ED officers of criminal trespass, outrage of modesty, and theft, alleging they reached the location without a search warrant. The other FIR, based on sub-inspector Pinaki Sarkar's version, was lodged later the same day after a spot visit.

    Justice Mantha stayed both FIRs and directed state to submit an affidavit by January 15, explaining the discrepancies and revealing the actions taken. "The two FIRs are absolutely contradictory. The court wants to have a look at case diaries of both FIRs," the judge said. The court also considered forensic tests on the FIRs due to "possible manipulations" in recording evidence. It questioned how police lodged a FIR at 10.30am when the complaint was received at the same time.
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