The Supreme Court on Monday dismissed the West Bengal government’s plea challenging a Calcutta High Court to transfer the investigation into the January 5th attack on an Enforcement Directorate (ED) team in Sandeshkhali to the Central Bureau of Investigation (CBI).
Justices BR Gavai and Sandeep Mehta dismissed the plea but ordered certain remarks and observations made against the state government and the police in the March 5 high court order to be expunged.
The bench acknowledged Additional Solicitor General SV Raju’s submission that he has no objection to expunging the remarks if the final order transferring the probe to the CBI remains unchanged.
During the hearing, the bench directed several questions to senior advocate Jaideep Gupta, representing the West Bengal police, regarding the delayed arrest of suspended TMC leader Shahjahan Sheikh after the January 5 attack and the delay in the investigation. Raju argued that if the investigation was not handed over to the CBI, the probe by the state police would be a farce. On March 6, the West Bengal government had urgently approached the top court seeking listing of its petition challenging the high court order, but did not receive immediate relief.
The state government, in its plea before the apex court, criticized the high court order as perverse, illegal, and arbitrary, deserving to be set aside. It stated, “The Impugned Order was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm (approx.), but the directions contained therein required the Petitioner/State Govt. to comply with such directions by 4.30 pm on the self same day i.e. March 5, 2024 which effectively frustrated the Petitioner’s right to avail its remedy under Article 136 of the Constitution.” “Despite the Advocate General’s oral request for a three-day stay on the operation of the Impugned Order to seek legal remedy, the Division Bench not only rejected such prayer but refused to record the same in the Impugned Order,” the state government added.
