On 7th February, the Calcutta High Court stayed the formation of a Special Investigation Team (SIT) and investigation by the West Bengal Police in the matter linked to the attack on Enforcement Directorate (ED) officers in the state. The high court issued the order in an appeal filed by the ED against a single-judge order constituting an SIT comprising of State police & CBI officials to probe the attack on ED officials last month.
Additional Solicitor General (ASG) SV Raju appearing for the ED contended that the state police would not be able to investigate the matter correctly and that the Central Bureau of Investigation (CBI) would be the appropriate agency to investigate the case.
Bench assembles.
— Live Law (@LiveLawIndia) February 7, 2024
ASG SV Raju appearing for ED.
ASG: matter of attack on ED officers. the single judge accepted our contention that the state police investigation was not properly conducted. He also conceded that the CBI would be able to better deal with the matter.
ASG SV Raju told the court that there were apprehensions that one of the state ministers was involved in the matter and that the state police would jeopardise the investigation, which would amount to leakage and tempering [of evidence].
ASG: the SIT would not work, since state will try to shelter accused. It has to go to CBI
— Live Law (@LiveLawIndia) February 7, 2024
CJ: this case concerns assault of ED officials. The state is also on appeal. What is their ground of challenge?
ASG: they want the state police to continue…can’t be done. There is bias
Furthermore, ASG asserted the state might try to shelter the accused; thus, the matter should be shifted to ED. He said that the state police could not be allowed to continue the investigation as there was bias. Furthermore, ASG also opposed the anticipatory bail plea submitted by SK Shahjahan, the primary accused in the case.
In the judgment, the court stayed the direction of the formation of SIT including state police till the appeals submitted by ED and the state government were decided. The court noted that the inclusion of CBI in the SIT meant that there were doubts about the ability of police to handle the matter due to the political affiliations of the accused.
The court said, “On a reading of the order we find that the single bench has opined that the involvement of CBI in investigation of the current cases would be imperative considering the ineptitude of local police to handle the matter due to the political affiliations of the accused. In the background of these findings, the question to be decided in the appeal is whether the State police can be part of the SIT.”
CJ: matter must be decided after hearing both parties, since the State has also preferred an appeal.
— Live Law (@LiveLawIndia) February 7, 2024
Therefore, till the appeals are decided, the direction for constitution of SIT must remain stayed. The State police shall also not investigate the matter.
As a result, the court stayed the formation of SIT till the appeals are heard and decided. “The State police shall also not investigate the matter,” the court order categorically stated. The matter will be next heard on 6th March.
Attack on the ED team
On 5th January, a team comprising officials of the Enforcement Directorate (ED), CRPF, and journalists was attacked, and their vehicles were targeted in Sandeshkhali of North 24 Parganas district in West Bengal. The incident occurred when the ED team reached to execute a raid on the residence of Shahjahan Sheikh – a block-level official of the ruling Trinamool Congress (TMC) – as part of an investigation into the ration scam. In a statement, ED said a violent mob comprising 800-1000 people attacked the ED team with CRPF with the intention of causing death. It added that the attackers were carrying sticks and stones.
The probe agency added that the mob is suspected to be instigated by TMC leader Shahjahan Sheikh and his associates. It further informed that three of its officials had been injured in the mob attack and admitted to hospital for treatment. In addition to injuring the on-duty ED officials, the violent mob also stole their laptops, mobile phones, wallets, cash and other belongings.
