Supreme Court Dismisses Bengal Gov’s appeal, Upholds CBI Probe into Sandeshkhali Attack on ED Officials

The Supreme Court on Monday dismissed the West Bengal government’s appeal against the Calcutta High Court's decision to transfer the investigation of the attack on Enforcement Directorate officials in Sandeshkhali to the CBI. However, the apex court agreed to expunge certain remarks made by the high court regarding the state government and the police conduct.

Justices BR Gavai and Sandeep Mehta heard the West Bengal government’s urgent petition challenging the high court's decision, filed right after the transfer of the case and custody of the prime accused, Shahjahan Sheikh, to the central agency by the Calcutta High Court. The High Court's ruling stemmed from apprehensions about the state police's management of the case and the alleged political influence of Shahjahan Sheikh.

During the hearing, the Supreme Court asked the state government about the delayed arrest of suspended Trinamool Congress leader Shahjahan Sheikh. In response, West Bengal's advocate cited a court-ordered stay on the investigation, stating that once clarification was received from the court, the state police promptly apprehended the accused within a day. “First, they did not cooperate with us despite repeated notices. Then they went and obtained an order from the court saying that there would be no investigation by the state police. Because of media pressure, we approached the court for clarification. Then, the court clarified on February 28 that we are at liberty to make arrests. Within one day, Sheikh was arrested. To say that we have delayed the proceedings is utterly incorrect,” said advocate Jaideep Gupta representing the Bengal government, adding that seven individuals in connection with the case had previously been arrested.

In addition, the Supreme Court bench expunged certain remarks made by the Calcutta High Court about the West Bengal government and state police regarding the transfer of the investigation to the CBI in the Sandeshkhali ED team attack case. “There is substance in those allegations. But, those observations may be deleted, and then the matter may go,” noted the Supreme Court.

The village of Sandeshkhali came to light after Enforcement Directorate officials en route to raid Shahjahan Sheikh’s house was attacked by his supporters. The situation further escalated after the women of Sandeshkhali levelled charges of sexual harassment and land grabs under coercion against the now-suspended TMC leader. Sheikh Shahjahan was arrested by the Bengal police after being at large for over 50 days. A power struggle ensued between central agencies and state police over his custody. Despite the state's challenge in the Supreme Court, the high court ordered the Bengal police to transfer Shahjahan to the CBI, and the custody of the now-suspended TMC leader was handed over to the central agency on March 6.​