Bengal CID refuses to hand over Shajahan to CBI as govt moves SC; ED to move HC again

The Enforcement Directorate (ED) is likely to move the Calcutta High Court again on Wednesday (March 6) against the West Bengal government for not handing over suspended TMC leader Sheikh Shajahan’s custody to the CBI, news agency PTI reported quoting a highly placed source.

The High Court on Tuesday directed that the CBI be handed over the case of attack on ED officials at Sandeshkhali and Shajahan’s custody, as it slammed West Bengal Police for “totally biased” conduct and said every attempt is being made to delay the probe to “protect” the accused.

Within hours of the HC acceding to the ED’s request, the West Bengal government moved the Supreme Court challenging the order, but an apex court bench refused an urgent listing of the plea and asked the state’s counsel to mention the matter before the Registrar General.

Police cite state plea in SC

The CBI took over the probe by registering an FIR soon after the High Court ordered that its directions be complied with by 4.30 pm on Tuesday. However, West Bengal Police refused to hand over Shajahan to the agency team, which went to CID headquarters at Bhawani Bhawan and returned at 7.30 pm after waiting for more than two hours.

“We have not handed him over to CBI as the state government has moved the Supreme Court,” a CID official said.

In the evening, when the ED mentioned before Chief Justice TS Sivagnanam that the state CID did not comply with the court’s order, the Chief Justice asked the agency’s counsel to move an application before the court on Wednesday, PTI quoted the source as saying.

What court said

A team of ED officials was attacked by a nearly 1,000-strong mob on January 5 when they went to raid the house of Shajahan, who allegedly has close links with arrested former state food minister Jyoti Priya Mallick, in connection with the multi-crore ration distribution scam in West Bengal.

“There can be no better case than the case on hand which requires to be transferred to be investigated by CBI,” a High Court Division Bench headed by Chief Justice TS Sivagnanam ruled.

Both the ED and the West Bengal government had moved separate appeals challenging a Single Bench’s January 17 order to form a joint special investigation team (SIT) of the CBI and the state police to probe the mob attack on the ED officials.

While the ED wanted the probe to be transferred to the CBI only, the state prayed that the investigation be allowed to be done by the state police.

ED’s argument

Shajahan, who is also the prime accused in alleged sexual atrocities on women and land grabbing at Sandeshkhali, was arrested by the state police on February 29 in the ED officials attack case.

The ED had contended before the court that the state police purposely arrested Shajahan in the case of the attack on ED officials, even though more than 40 other cases have been pending against him for years, to deny the CBI the custody of Shajahan if the case is handed over to the central agency.

The Division Bench had earlier stayed a Single Bench order constituting the SIT and restrained the West Bengal Police from proceeding with the investigation in the cases registered by them in connection with the attack on ED officials.

The Bench said that despite such an order, the case stood transferred to the state CID and they issued notices to the ED officials.

“State police biased”

“Thus, this act of the state police would be sufficient to hold that the state police are totally biased and every attempt is being made to delay the investigation in order to protect the accused who has been absconding for more than 50 days,” the Bench observed.

The court noted that Shajahan, then absconding, was stated to be a “strong man” in the locality with very powerful connections in the ruling party apart from having been elected on a TMC ticket as a Karmadhaksya of the North 24-Parganas Zilla Parishad.

The Bench observed that the state police had played “hide and seek” to shield the accused who “undoubtedly is a highly politically influential person and has demonstrably shown that he is and would be in a position to influence the investigation if allowed to rest with the state police”. The court noted that the case that has been registered by ED in its investigation into the alleged ration distribution scam involves highly politically powerful persons which include the accused Shajahan.

SC refused urgent hearing

In the Supreme Court, the matter was mentioned before a Bench of Justices Sanjiv Khanna and Dipankar Datta by senior advocate Abhishek Singhvi, appearing for the West Bengal government, seeking an urgent hearing.

The Bench refused an urgent listing of the plea and asked Singhvi to mention the matter before the Registrar General of the top court.

BJP hails court order

The BJP, which has been accusing the ruling Trinamool Congress of protecting Shajahan, lauded the Calcutta High Court order and said its stand had been vindicated.

“Satyamev Jayate (truth alone triumphs),” BJP spokesperson Shehzad Poonawalla said and also cited the court’s critical observations on the state police to assert that the Trinamool Congress tried to shield Shajahan while police acted as a wing of the state’s ruling party.

TMC leaders, including Chief Minister Mamata Banerjee, initially defended Shajahan and when complaints against him mounted, a sham of his arrest and removal from the party was orchestrated, he alleged.

Shajahan, also facing charges of land grab and sexual assault on women in Sandeshkhali, was under “secular protection” all this while, the BJP spokesperson said, asserting that the court has struck a hammer to such a mindset.

Clamour for President’s rule

Meanwhile, National Commission for Women chairperson Rekha Sharma met President Droupadi Murmu on Tuesday and recommended imposition of President’s rule in West Bengal over the alleged atrocities on women and violence in Sandeshkhali.

An NCW team recently visited Sandeshkhali to assess the situation there and review actions taken by the local authorities in response to reports of egregious violence and intimidation against women in the region.

A fact-finding report was also prepared by the commission which said that it has gathered disturbing testimonies of women alleging widespread fear and systematic abuse by both police officers and members of the ruling Trinamool Congress.

Previously, the National Commission for Scheduled Castes (NCSC) had also recommended President’s rule in the state.

“Sandeshkhali is not an isolated incident. Previously also many incidents of violence have been reported in the state and no action has been taken by the state government. Hence, NCW recommended to President Droupadi Murmu to impose President's rule in the state,” Sharma said.

(With agency inputs)