Kolkata: The Calcutta Excessive Courtroom Tuesday ordered a CBI investigation into the 5 January assault on Enforcement Directorate (ED) officers whereas they had been conducting raids at Trinamool Congress (TMC) strongman Sheikh Shahjahan’s residence close to Sandeshkhali — a serious setback for the Mamata Banerjee-led West Bengal authorities.
Whereas passing the order, Chief Justice of Calcutta Excessive Courtroom T. S. Sivagnanam additionally ordered the state police-led CID at hand over Shahjahan’s custody to the central company by 4.30 pm.
CBI officers, underneath the safety cowl of Central Armed Police Forces (CAPF), reached the CID headquarters in Kolkata to take over custody of Shahjahan moments after the Calcutta Excessive Courtroom order. Nonetheless, the CBI workforce left the CID workplace virtually two hours later, with out the strongman.
The West Bengal authorities has now sought a keep on the CBI investigation earlier than the Supreme Courtroom, which is prone to come up for listening to Wednesday. For now, Sheikh Shahjahan stays within the CID’s custody in Kolkata.
The switch of the assault on ED officers case to the CBI is a blow to the state as a result of thus far, the state police had been investigating all instances in opposition to Sheikh Shahjahan together with the assault on the ED officers. With Tuesday’s HC order, the chief justice has shifted the accountability of the probe solely to the CBI, eliminating the state police’s function utterly.
By the way, the West Bengal authorities had earlier withdrawn common consent to the CBI, which primarily signifies that to conduct an investigation inside Bengal, the CBI must search consent from the state authorities.
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Pitiable state of affairs: HC
The Calcutta Excessive Courtroom’s Tuesday order, seen by ThePrint, said, “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…and they were able to secure a certified copy only after they filed the writ petition.”
The ED claimed earlier than the excessive courtroom that regardless of searching for an FIR underneath IPC Part 307 IPC (try and homicide) for the assault on its officers, the police didn’t embrace the part. The central company additionally alleged that the police didn’t share a replica of the FIR until the time it filed an affidavit in courtroom. Whereas the deputy director of the ED, Kolkata zone, filed a criticism relating to his officers coming underneath assault, the Nazat police station lodged a counter FIR in opposition to ED officers.
“Thus, ED contended that their officers have been falsely implicated in FIR no. 7 at the behest of Shahjahan for political reasons. Further, it was contended that due to influence of politically influential persons, involved in the scam of distribution of the ration items, the state police in order to create pressure and hamper the ongoing investigation are taking all steps to thwart the entire process,” the courtroom’s 19-page order said.
It added: “It is contended that any investigation by the state police would be as such neither objective nor fair and can be termed a complete miscarriage of justice. In this factual background, ED sought for a transfer of all the cases to CBI.”
Sheikh Shahjahan & the assault on ED officers
Sheikh Shahjahan — a Trinamool district convenor who was arrested on 29 February and now stands suspended by the get together — and his aides have been accused by Sandeshkhali residents of land grabbing, extortion, political muscle-flexing and exploitation of girls.
After absconding for 55 days, Shahjahan, who was not solely dealing with the ire of Sandeshkhali, however has additionally been named because the prime accused within the 5 January assault on ED officers.
On 5 January, three ED officers sustained accidents and had been admitted in hospital after being attacked by a mob whereas conducting raids at Shahjahan’s residence in reference to the Public Distribution System (PDS) rip-off case.
Final month, the ED had moved the Calcutta Excessive Courtroom searching for a keep on a single-bench order that constituted a joint Particular Investigation Staff (SIT) of the CBI and the West Bengal police to probe the matter. Alleging police inaction, the ED moved the chief justice’s bench searching for instructions for less than the CBI to probe the matter.
(Edited by Gitanjali Das)
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