The West Bengal government faced a setback from the Calcutta High Court on Wednesday. Despite the court's directive to handover Shahjahan Sheikh to CBI by 4:15 PM, the transfer occurred a significant hour and a half later, with the CBI arriving with central security forces this time. Previously, CID teams had escorted Sheikh for his medical examination.
During Wednesday's hearing, the bench consisting of Justices Harish Tandon and Hiranmay Bhattacharyya stated their serious consideration of their prior order issued on March 5th. A Special Leave Petition has been filed with the Supreme Court, yet it did not stay their order, resulting in the transfer to the CBI by the stated deadline.
The court issued a contempt notice, urging the CID department of Bengal to deliver a sworn response within two weeks. The ED argued during the hearing at the Calcutta High Court that the state police had neglected to comply with the court's order, alleging that it was under Supreme Court consideration.
The CBI accused the Bengal police of misleading their officials with a false statement suggesting that today’s challenge would be heard in the Supreme Court. The ED maintained its position, stating that they are only entitled to a 15-day custody, which would be rendered meaningless if those days passed.
Previously, the Mamata Banerjee government had sought immediate relief from the Supreme Court in the Sandeshkhali and Sheikh Shahjahan cases but was denied. The state government had requested an interim stay on the high court's order in its plea.
Accusations Made by the Mamata Government
The West Bengal government contended that the CBI was handed over a baseless case while their SIT was investigating. They declared that transferring the case to the CBI was an infringement of the Supreme Court's previous orders, asserting the state police had demonstrated promptness in their investigation, which is ongoing.
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On the other hand, the state government interpreted the High Court order to mean that only the SIT formed to investigate incidents with the ED was halted. Hence, they continued their proceedings against Shahjahan Sheikh and arrested him.
ED Officers Attacked during Inquiry on January 5th
On January 5th, during a raid at Sheikh's residence in Akunjipara related to the West Bengal ration scam, around 200 locals attacked the raiding ED officials. This clash resulted in multiple injuries among the ED officers. After 55 days, Sheikh was finally arrested on February 29th following the High Court's confirmation of no stay on his arrest. Justice Sanjeev Khanna advised contacting the Chief Justice for listing the case for an early hearing, a decision to be made during lunchtime by the Chief Justice.
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With swift action, the state government rapidly advanced the investigation. Shahjahan was arrested immediately following the High Court's clarification that there was no hold on his arrest. The state governs claims that the High Court's order is distorted, illegal, and arbitrary and should be discarded. Baseless allegations have been made against the state government.
The hasty transfer of scrutiny to the CBI violates the jurisprudence established by this honorable court. The comprehensive actions taken by the state police in the current case have been completely overlooked.
