New Delhi: The Calcutta High Court on Wednesday stayed a single bench order for forming a joint special investigation team (SIT) comprising the CBI and the West Bengal Police to probe an attack on Enforcement Directorate officials on January 5.
The central agency officials were assaulted by a mob when they went to search the premises of Trinamool Congress leader Shajahan Sheikh at Sandeshkhali in North 24 Parganas district in connection with an alleged ration distribution scam case in the state.
Sheikh has been absconding since then.
A single bench of Justice Jay Sengupta had on January 17 directed the formation of an SIT headed by one SP rank officer each from the CBI and the state police to investigate the attack.
The division bench presided by Chief Justice T S Sivagnanam ordered the stay on an appeal by the ED which sought that only the CBI conduct the investigation and the state police be kept away from it.
The West Bengal government too filed an appeal before the division bench seeking that the state police be allowed to continue the investigation solely into the attack on the ED officials.
The division bench, also comprising Justice Supratim Bhattacharya, said that the matter has to be decided after hearing both parties.
The division bench ordered a stay on the directions of the single bench till the appeals by the ED and the state are heard and disposed of.
The court restrained the West Bengal police from proceeding with the investigation in cases registered by it.
The division bench directed that pendency of its appeal before the high court will not bar the ED from contesting any application or petition which may be filed by the main accused Shajahan Sheikh praying for anticipatory bail or bail.
The court directed that the matter will be taken up for hearing again on March 6.
The single bench had directed that the two SPs of the CBI and the state police would be at liberty to induct an equal number of officers from their respective services to conduct the investigation.
The ED, in its prayer, claimed that the state police would not be able to hold an independent probe since a minister is allegedly involved in the alleged Rs 10,000 crore ration distribution scam.
The ED has arrested state Forest Minister Jyoti Priya Mallick, who held the Food and Supplies portfolio from 2011 to 2021, in connection with the case.
The ED claimed before the court that it has no faith in the state police, alleging that its investigation was biased and not being conducted properly.
Claiming that the state police and the CBI will be at loggerheads, Additional Solicitor General S V Raju, appearing for the ED, submitted before the division bench that the constitution of a joint team to probe the attack on the ED officials, some of whom were also injured, will not serve the purpose.
He prayed that the investigation should be handed over to the CBI solely.
The ED counsel submitted before the division bench that the case of assault has nothing to do with the probe into the alleged scam.
The ED on February 5 moved a single bench of the high court seeking transfer of investigation of all cases pertaining to the alleged Rs 10,000 crore ration distribution scam in West Bengal from the state police to the CBI.
It also claimed that Rs 2,000 crore out of the Rs 10,000 crore was sent outside the country through illegal means.
(This report has been published as part of an auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)