Hours later, the state government moved the Supreme Court against the HC’s order.
Meanwhile, taking over the investigation, the CBI registered an FIR in the case. A CBI team, escorted by paramilitary personnel, reached the CID office in Kolkata to take custody of Sheikh. But the police refused to hand him over, saying the matter was sub-judice.
In its order, the HC had directed that the custody of Sheikh, the suspended Trinamool Congress leader who was arrested by the West Bengal Police on February 29 in connection with the attack on the ED team, be handed over to the CBI by 4.30 pm on Tuesday.
The division bench of Calcutta HC Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya set aside an earlier single-bench order, which had directed formation of a joint special investigation team of the CBI and state police to probe the attack.
Both the ED and the state government had filed separate appeals challenging this order. While the ED wanted the probe to be transferred to the CBI only, the state government asked for the investigation to be given to the state police only.
The division bench had earlier stayed the single-bench order and restrained the state police from proceeding with the investigation in the cases registered by them in connection with the attack on the ED team. The bench said on Tuesday that despite its order, a case was transferred to the state CID, which issued notices to ED officials.
“Thus, this act of the state police would be sufficient to hold that the state police are totally biased and every attempt is being made to delay the investigation in order to protect the accused who has been absconding for more than 50 days,” the HC said.
“The then absconding accused (Sheikh) is stated to be a strongman in the locality and has very powerful connections in the ruling party, apart from having been elected as a karmadhaksya of zilla parishad, North 24 Parganas, having been fielded as a candidate of the ruling dispensation. The state police had played a hide-and-seek methodology, in all probabilities to shield the accused, who undoubtedly is a highly politically influential person, who has demonstrably shown that he is, and would be, in a position to influence the investigation if allowed to rest with the state police,” it said.
“…Section 307 IPC was added only on 17.01.2024. As pointed out by the Hon’ble Supreme Court, being the protectors of the civil rights of the citizens, the High Court has not only power and jurisdiction, but also an obligation to protect fundamental rights,” the court said.
“ The accused who has been apprehended on February 29, 2024 after being on the run for more than 50 days is not an ordinary citizen,” it said. “He is an elected representative of the public, holding the highest office in a zilla parishad, he was fielded as the candidate at the elections held for the said post by the political party which is the ruling dispensation. Thus, it has become imperative and absolutely necessary for doing complete justice and enforcing the fundamental rights of the public in general, and the public of the locality, that the cases be transferred to the CBI for investigation and to proceed further,” the court said.
“The custody of the accused (Sheikh) shall also forthwith be handed over to CBI. This direction shall be implemented by 4:30 pm today,” it said.
Hours after the HC order, Senior Advocate A M Singhvi, appearing for the state government, mentioned the matter before a Supreme Court bench presided by Justice Sanjiv Khanna. The bench asked him to place the papers before Chief Justice of India D Y Chandrachud, who will take the call on listing it for hearing.
Sandeshkhali, in West Bengal’s North 24 Parganas district, has been at the centre of BJP-TMC politics since January 5, when ED officials were assaulted while conducting a search at the home of Sheikh, a local strongman and TMC leader. The ED team had gone there in connection with an investigation into alleged irregularities in the state’s public distribution system.
As Sheikh went on the run after the incident, women in the area raised allegations of sexual abuse by TMC leaders for years. The women said they were called for late-night meetings under the garb of self-help group gatherings and harassed by TMC men. They said they were speaking up now since Sheikh was on the run. Simultaneously, allegations were raised that families, many from tribal communities, had lost agricultural land to TMC men who forcibly converted it to fisheries.
Sheikh was arrested by the state police on February 29, a day after the HC said he could be arrested by the CBI, ED or state police. Soon after his arrest, the TMC announced his suspension for six years.
Welcoming the HC order on Tuesday, state BJP president Sukanta Majumder said: “It is again proved that the state administration has lost its credibility.”
Countering the Opposition, TMC leader Arup Chakraborty said: “The state police has already arrested all the accused. So, how can one say that the state police is not doing its duty.”
With ENS, New Delhi