High Court transfers case to CBI, state moves Supreme Court
Kolkata: The Calcutta High Court on Tuesday transferred the case pertaining to assault on Enforcement Directorate (ED) officials at Sandeshkhali to the Central Bureau of Investigation (CBI). Later, the state approached the Supreme Court challenging the transfer.
However, the state Criminal Investigation Department (CID) stated that the case is pending before the Supreme Court and cannot be handed over at this point of time.
Chief Justice TS Sivagnanam on Tuesday directed that Sheikh Shahjahan be handed over to CBI by 4:30 pm on the same day. The Calcutta High Court had transferred the cases pertaining to assault on Enforcement Directorate (ED) officials at Sandeshkhali to CBI. Accordingly, the Central agency officials had gone to Bhawani Bhavan to implement the handover.
After the High Court’s direction on Tuesday, the state had approached the Supreme Court challenging the transfer of the case to CBI.
The matter was orally mentioned by senior counsel Abhishek Manu Singhvi before the bench led by Justice Sanjiv Khanna, who reportedly directed that the papers should be placed before Chief Justice of India (CJI) for appropriate listing. Meanwhile, ED on Tuesday attached moveable and immovable assets of suspended Trinamool Congress (TMC) leader Shahjahan Sheikh worth Rs 12.78 crore. According to the central agency, there are 14 immovable properties like apartment, agriculture land, land for fishery, land and building amongst others in Sandeshkhali, Sarberia and Kolkata. ED has also attached two bank accounts. It was done as per the provisions of the Prevention of Money Laundering Act (PMLA). Shahjahan was arrested by state police on February 29 and taken into police custody for 14 days under the CrPC. The ED had filed a case seeking transfer of investigation from state police to CBI. The matter was heard in detail on Monday and the order was reserved by the Division Bench.
In an earlier hearing, Additional Solicitor General (ASG) SV Raju told the Court that the state police which had arrested Shahjahan was attempting to frustrate the investigation. It was submitted that state police had arrested Shahjahan based on the complaint filed by ED. It was submitted that if the investigation was not transferred, the police custody would be frustrated.
The ASG submitted: “Let him be given to CBI custody otherwise arrest is a farce. It will not lead to investigation and no one will get custody after 15 days.” Three ED officials were gravely injured after hundreds of villagers stormed the area chasing away the ED officers and the Central Forces from the place on January 5.
Three complaints were registered at Nazat Police Station with regards to the incident, one of them was by the ED.
