Sandeshkhali: SC Upholds Shahjahan Sheikh's CBI Custody, Allows Deletion Of Remarks Against Police By Calcutta HC

The Supreme Court refused to interfere with the Calcutta HC order transferring investigation against arrested Shahjahan Sheikh in the alleged attack on Enforcement Directorate officers, to the CBI.

The bench said that the court is not inclined to interfere with the Calcutta High Court ruling, however it alllowed the observations made against the state police to be expunged from the order.

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The Supreme Court on Monday refused to interfere with the Calcutta High Court order transferring investigation against arrested Trinamool Congress (TMC) leader Shahjahan Sheikh in the alleged attack on Enforcement Directorate officers, to the CBI.

The court asked the counsel appearing for the West Bengal government that why Shahjahan Sheikh was not arrested for so long. The court was hearing the petition moved by the state government against the Calcutta High Court order granting the custody of Shahjahan Sheikh to the CBI. 

Senior Advocate Jaideep Gupta, appearing for state of West Bengal told the court that there was a stay on investigation. "We went back to court asking for clarification. It was clarified. Within one day, he was arrested."

Gupta also raised objections to the statements made against the State police in the Calcutta High Court order. 

"To say that the state police are delaying the investigation...Not borne out at all from the material. These kinds of allegations are very damaging. " Gupta submitted in the court.

After hearing both the sides, the bench headed by Justice BR Gavai said that it was not inclined to interfere with the Calcutta High Court ruling, however it allowed the observations made against the state police to be expunged from the order.

Last week, the Calcutta High Court transferred the investigation against arrested Trinamool Shahjahan Sheikh in the alleged attack on ED officers, to the CBI. The court also granted his custody to the CBI.

The high court bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya set aside an earlier order of the court that asked for SIT to be constituted with state police officers.

The CBI had told the high court that Shahjahan Sheikh was the mastermind behind the attack on ED officers in West Bengal's Sandeshkhali. The central agency contended that Shahjahan's custody needs to be handed over to the CBI, as after 15 days of him remaining in state police custody, no other agency would be able to seek his custody.

Many women in West Bengal's Sandeshkhali in North 24 Parganas district had accused Shajahan Sheikh and his aides of forceful land-grab and sexually assaulting them under coercion.

Shajahan went absconding after a mob, allegedly affiliated to him, attacked ED officials who had gone to search his premises in connection with a ration scam on January 5.

He was arrested last week by the West Bengal Police in connection with Sandeshkhali violence.