The ED on Wednesday had filed two petitions at the High Court seeking quashing of the FIR lodged at Nazat Police Station in North 24 Parganas district against its officials, claiming that false allegations were made against them. The ED stated that three of its officers were injured and their belongings were snatched during the attack.
Hearing one of the two petitions, the single bench of Justice Rajasekhar Mantha ordered an interim stay on proceedings in connection with the FIR till March 31. The bench also asked the state government to file an affidavit in this regard and sought a copy of the case diary from the police.
The police have registered three FIRs in connection with the January 5 incident, including the one against ED officials. No one has been arrested till Thursday.
In one of the FIRs, based on a complaint lodged by Didar Baksh Molla, an aide of TMC leader Shahjahan Sheikh, ED officials were accused of theft, beating people, and outraging modesty of women when they went to carry out searches at Sheikh’s residence. Subsequently, non-bailable sections of the IPC such as 354 (assault on woman to outrage modesty), 447 (criminal trespass), and 379 (theft) were included in the FIR against ED officers.
Another FIR, registered on a complaint filed by the ED, accused Sheikh’s supporters of attacking the agency officials and accompanying Central Armed Police Force (CAPF) 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 third FIR was filed suo motu by the police.
Justice Mantha on Thursday noted that the suo motu police FIR states that around 3,000 people had gathered near the house of Sheikh. The suo motu FIR, however, has no
mention of the accusations of theft, outraging of modesty and beating of women and children as alleged in the FIR by Molla, Justice Mantha said during the hearing.
The court directed the state to file an affidavit to explain the inconsistencies in the two FIRs and disclose any other steps taken by it to address any omission on the part of their officials by January 18.
The court will hear the matter next on January 22.
Earlier in the day, the bench of Justice Jay Sengupta, while hearing another petition by the ED, verbally directed that no coercive action can be taken till Monday (January 15) against ED officials involved in the raid.
The BJP, meanwhile, slammed the TMC government accusing it of compromising the internal security of the country by protecting those who attacked the ED officers. “The biggest question everyone asking is how can the present state government still remain in power? Instead of arresting those who attacked the ED officers, the police registered counter FIR against them. This is not only unfortunate but unjustified. Today’s court observation is indicative of that,” said BJP spokesperson Samik Bhattacharya.
Hitting back, TMC Rajya Sabha MP Santanu Sen said, “Everyone is well aware how central agencies such as ED and CBI are being used against non-BJP parties, especially Trinamool Congress to harass them. We saw how ED officials went to the village without informing the police and provoked locals. When the police started their investigation, they (ED officials) refused to cooperate. Now, they are trying to malign the TMC on the orders of the BJP.”
—With PTI Inputs