Attack On ED Officials Was Unprecedented; State Police Underplayed Situation & Tried To Shield Accused Shahjahan Sheikh: Calcutta High Court

The Calcutta High Court has recently set aside a single bench order which constituted an SIT consisting of CBI and state police officials to probe the attack on ED officials in Sandeshkhali, whilst they were en route to the raid the residence of ration-scam accused Shahjahan Sheikh.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya transferred the probe entirely to the CBI upon noting that the State police had been 'totally biased' in their approach to shield the accused mastermind behind the attacks- Shahjahan Sheikh who was a prominent local politician belonging to the ruling party in West Bengal. It said:

The incident which took place was unprecedented. The arrest of the said accused took place only on 29th February, 2024 after various orders were passed. The State Police are totally biased and every attempt is being made to delay the investigation in order to protect the accused who has been absconding for more than 50 days. The accused is stated to be a “strong man” in the locality and has very powerful connections in the ruling party. The State Police had played a “hide and seek” methodology in all probabilities to shield the accused who undoubtedly is a highly politically influential person who has demonstrably shown that he is and would be in a position to influence the investigation if allowed to rest with the State Police.  

The Enforcement Directorate had appealed against the single bench's order constituting the SIT on the grounds that the State police were colluding with the accused, and their participation in the SIT would lead to the leakage of information.

ASG SV Raju contended that the State police had taken custody of Sheikh in order to defeat the purpose of the investigation and frustrate the ED's cause of action, and prayed for the investigation to be handed over to the CBI.

It was submitted that the conduct of the State police had not inspired any confidence, since they had lodged a majority of bailable cases against the accused, and were unable to locate him, leading to him remaining absconding till multiple court orders were passed for his arrest.

It was further submitted that the State police had instead lodged FIRs against the members of the ED, belonging to the raiding party, who were assaulted by the mob at Sandeshkhali.

In taking exception to the State police's conduct, the Court noted:

What is required, is a fair, honest and complete investigation and this alone will retain the public confidence in the impartial working of the State agencies. We have no hesitation in our mind to hold that this confidence has been shaken and there can be no better case than the case on hand which requires to be transferred to be investigated by CBI. It is a pitiable state of affairs when we hear the allegation made by ED that they were not even given the copy of the FIR registered based on their complaint in FIR No. 9 of 2024 and they were able to secure a certified copy only after they file the writ petition. 

It was further held that the State police attempted to grossly underplay the situation, and did not initially register charges under Section 307 IPC even though an ED official had been attacked on his head with a stone.

It was held that those injured were performing their public duties, and the State police had conceded that the mob with thousands of people had assembled with deadly weapons and with intent to cause hurt.

It was noted that such an occurrence could not have taken place without coordination and a pre-planned effort, and yet the State police had only included one non-bailable offence in its chargesheet against the accused.

Accordingly, in finding that the State police could not be entrusted to carry out the investigation due to the political and local influence of the accused Shahjahan Sheikh, the Court transferrred the probe and Sheikh's custody to the CBI.

Also read: [Attack On ED In West Bengal] Calcutta HC Transfers Probe To CBI, Directs State To Immediately Handover Custody Of Shahjahan Sheikh