Calcutta High Court Reserves Judgment on EDs Plea for CBI Probe in TMC Leader Attack Case

The Calcutta High Court has reserved its judgment on the Enforcement Directorates prayer for transferring the investigation into the attack on ED officials during a raid at TMC leader Shajahan Sheikhs premises to the CBI. The court will deliver its judgment in the cross appeals by the ED and the West Bengal government on Tuesday.

Kolkata, March 4: The Calcutta High Court on Monday reserved its judgment on the Enforcement Directorate's (ED) plea seeking transfer of investigation to the Central Bureau of Investigation (CBI) in cases related to an attack on ED officials during a raid on the premises of Trinamool Congress (TMC) leader Shajahan Sheikh in Sandeshkhali, West Bengal.

Court to Deliver Verdict on Tuesday

The court will deliver its judgment in the cross appeals filed by the ED and the West Bengal government on Tuesday, as per the cause list on the high court's website. The hearing in the matter before a division bench presided by Chief Justice T.S. Sivagnanam concluded following submissions by the ED, the state, and the CBI.

ED and State Seek Transfer of Probe

Both the ED and the West Bengal government have filed separate appeals challenging a single bench order dated January 17, which directed the formation of a joint special investigation team (SIT) comprising the CBI and the state police to investigate the attack on the ED officials. While the ED wants the probe to be transferred solely to the CBI, the state has prayed that it be handed over to the state police.

Sheikh Allowed to be Party in Suo Motu Motion

The bench, also comprising Justice Hiranmay Bhattacharyya, allowed Sheikh to be a party in a suo motu motion over allegations of sexual atrocities and land grabbing of tribal people in Sandeshkhali, which is being heard by the court. Sheikh's lawyer made a request to be heard in the suo motu motion, which the court directed will be taken up on Wednesday.

ED Alleges Bias by State Police

In the transfer application, Additional Solicitor General S.V. Raju, representing the ED, alleged that the state police was biased. He pointed out that Sheikh was deliberately arrested by the state police in a case related to the attack on ED officials, even though more than 40 other cases against him have been pending for years. Raju claimed that this was done to prevent the CBI from taking custody of Sheikh even if the probe is transferred, as the maximum police custody period for an accused is 15 days in a case.

State Opposes Transfer of Investigation

Advocate General Kishore Dutta, appearing for the state, opposed the prayer for transfer of investigation. He argued that it was the state police that rescued the ED officials and ensured their safe passage out of Sandeshkhali. Dutta submitted that the local police were informed by the ED only after the attack had taken place.

CBI Willing to Take Up Investigation

The CBI's lawyer informed the court that the agency was willing to take up the investigation if directed by the court.

ED Seeks Early Disposal of Plea

Seeking an early disposal of the ED's prayer for transfer of the cases to the CBI, Deputy Solicitor General Dhiraj Trivedi submitted that the ED was losing days of police custody of Sheikh, even if the court decides to transfer the case to the central agency.

The Calcutta High Court's decision on the transfer of investigation in the attack on ED officials case is expected to have significant implications for the ongoing probe. The court's verdict will determine whether the case will be handled solely by the CBI or remain with the state police or a joint investigation team.