The Calcutta High Court on Monday declined to pass any interim order for a Central Bureau of Investigation (CBI) probe into the chaos witnessed recently at the Salt Lake Stadium during football icon Lionel Messi's visit. .A Division Bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen noted that the police investigation and the enquiry led by a former High Court judge are at a preliminary stage and that no material was placed before it to establish that investigation or enquiry is vitiated."Hence at this stage, we are not inclined to interfere and stay the investigation/enquiry," the Court said..Commenting on the constitution of a Special Investigation Team (SIT) by the State, the Court pointed to the settled law that investigation is the statutory right of the police. It added that the probe cannot be handed over to the CBI on the mere asking of a party."It could not be established that members of SIT had any interest in the event in question and for this reasons also, we are not inclined to interfere into investigation at this stage. This is trite that investigation/enquiry cannot be directed to be transferred to CBI or to any other agency on mere asking or merely because a party has leveled allegations," the Court said.It also observed that Section 11 of Commissions of Enquiry Act, 1952 is wide enough gives and powers to the State government to appoint a committee."Thus, prima facie we are unable to hold that appointment of enquiry committee by said Gazette is bad in law. Thus, on this account, the question of granting interim relief does not arise," the Court said..The Court made these observations in an interim order passed on petitions seeking an impartial and court-monitored probe into the December 13 incident.According to media reports, angry fans attending Messi's event at Kolkata ripped up seats and threw items towards the pitch after his appearance as they were unable to catch a proper glimpse of the star despite paying a substantial entry fee.BBC reported that when Messi emerged to walk around the pitch, he was obscured by a large group of officials and celebrities."When the Argentina and Inter Miami forward was whisked away early by security after around 20 minutes, elements of the crowd turned hostile," the report said..The State government has constituted an enquiry committee, led by retired Justice Ashim Kumar Ray, to probe the incident. An SIT of 4 IPS officers is also investigating the criminal case registered in the matter..Among those who have approached the Court include Bharatiya Janata Party leader Suvendu Adhikari, who has alleged that there was a grave administrative failure, State complicity and breakdown of constitutional governance in connection with the high-profile public event held at the Vivekananda Yuva Bharati Krirangan."Though projected as a private initiative, the event was conducted with active involvement and facilitation of the State and its instrumentalities, as evident from the deployment of State police machinery, use of public infrastructure and preferential access granted to political functionaries, dignitaries, celebrities and family members of the Hon'ble Chief Minister, to the exclusion and detriment of ordinary ticket-holding citizens," Adhikari said in the plea.He has, thus, demanded that the inquiry instead be undertaken by an impartial SIT under the supervision of a High Court judge and monitoring by the High Court.Adhikari has also sought directions for a refund of the amount paid by the spectators, and demanded compensation for the harassment caused to them.In a similar petition, social worker Mayukh Biswas has prayed for investigations by Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) against the event organizer Satadru Dutta as well as two ministers of West Bengal government..On Monday, the Court rejected the petitioners' prayers for interim relief and listed the matter for hearing on February 16, 2026. It, however, issued notice to the State and the event organizer for a response to the petitioners."An arguable case is made out, accordingly, the State Government and organizer are directed to file their Affidavit-in-Opposition in four weeks. Exception/Affidavit-in-Reply be filed within two weeks therefrom," the Court ordered..Senior Advocates Billwadal Bhattacharyya and Bikash Ranjan Bhattacharyya along with advocate Sabyasachi Chatterjee argued for the petitioners.Senior Advocate Kalyan Bandopadhyay represented the State.Deputy Solicitor General Rajdeep Mazumder appeared for the Union of India.Senior Advocate Indranil Roy appeared for a private respondent..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
