Attack on ED officers by Shahjahan Sheikh aides: West Bengal moves Supreme Court challenging transfer of probe to CBI

The West Bengal government has approached the Supreme Court challenging the Calcutta High Court order directing a Central Bureau of Investigation (CBI) probe into allegations that suspended Trinamool Congress (TMC) leader Shahjahan Sheikh and his men attacked officers of the Enforcement Directorate (ED)..The High Court's order to transfer the probe from the West Bengal police to the CBI has been challenged hours after it was passed earlier today. The matter was orally mentioned by Senior Counsel Dr. Abhishek Manu Singhvi before a Supreme Court bench led by Justice Sanjiv Khanna, who directed that the papers be placed before the Chief Justice of India for appropriate listing..The State's petition, filed through advocate Astha Sharma, states that the West Bengal government was left remediless owing to the High Court's order having been uploaded late in the afternoon, with only an hour or so before it was to be complied with."The Impugned order was pronounced by the Ld. 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. 05.03.2024 which effectively frustrated the Petitioner’s right to avail its remedy under Article 136 of the Constitution," the plea said.The High Court's actions, in effect, negate the concept of federalism and are based on surmises and conjectures as well as a media trial, the plea added..By way of background, on January 5, around 200 local people surrounded and gheraoed ED officers who had arrived to raid Sheikh's residence at Akunjipara in connection with a ration scam case. Sheikh is said to have close links with an accused in the said case.ED officers were injured during the ensuing clash. In the wake of this incident, the Governor of West Bengal CV Ananda Bose later called for the arrest of Sheikh.Meanwhile, more allegations emerged against Sheikh wherein he was accused of sexual assault and land-grabbing activities in Sandeshkhalli village of West Bengal.The Calcutta High Court later criticised the West Bengal police as well for failing to arrest Sheikh despite the numerous allegations against him.The West Bengal Police finally arrested the absconding TMC leader on February 29, after he evaded authorities for around 55 days. Soon after his arrest, the TMC announced that they were suspending him from the party for six years..Sandeshkhali: Calcutta High Court refuses urgent hearing to TMC's Sheikh Shahjahan, says "we have no sympathy".On Monday (March 4), the High Court asked the West Bengal Police to 'stay its hands' on the investigation against Sheikh till further orders, adding that it was yet to decide whether the probe should be handled by the State police or the CBI.Notably, both the ED and the CBI had expressed apprehensions over whether the State would properly conduct the probe against Sheikh. The State government had maintained that it was competent to carry out the probe.On Tuesday, the High Court ordered that the probe be transferred to the CBI. This has now been challenged before the top court by the West Bengal government..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.