The Division Bench, presided by Chief Justice T S Sivagnanam, ordered the stay on an ED’s appeal that only the CBI (Central Bureau of Investigation) should be probing the incident and officers of West Bengal Police should not be a part of SIT since leaders of the TMC government in the state are accused in the case.
A team of ED officials was attacked by a mob during a search at the premises of TMC leader Shajahan Sheikh at Sandeshkhali on January 5 in connection with its probe into alleged irregularities in ration distribution in the state. While Sheikh is absconding, the ED had earlier arrested TMC minister Jyoti Priya Mallick in connection with the alleged ration scam.
Following the attack, the single bench of Justice Jay Sengupta of the Calcutta High Court on January 17 directed the formation of an SIT headed by two SP-rank officers, one each from the CBI and West Bengal Police to investigate the attack on ED officials.
The ED, however, filed an appeal against the formation of SIT, alleging that West Bengal Police would not be able to hold an independent probe as a TMC minister is an accused in the “Rs 10,000 crore ration distribution scam”.
Claiming that the state police and the CBI will be at loggerheads, Additional Solicitor General S V Raju, appearing for the ED, submitted before the Division Bench that the constitution of a joint team to probe the attack on the ED officials, some of whom were also injured, will not serve the purpose. He prayed that the investigation should be handed over to the CBI solely.
The West Bengal government too 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 Division Bench, also comprising Justice Supratim Bhattacharya, said that the matter has to be decided after hearing both parties. The Division Bench ordered a stay on the directions of the single bench till the appeals by the ED and the state are heard and disposed of.
The court also restrained the West Bengal Police from proceeding with the investigation in cases registered by it.
The matter will be taken up for a hearing again on March 6.