The Calcutta High Court on Tuesday ordered the West Bengal government to hand over suspended Trinamool Congress leader Sheikh Shahjahan to the CBI in connection with the attack on Enforcement Directorate officers in Sandeshkhali on January 5.
A Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya agreed that the state police "underplayed the entire situation" as Shahjahan was absconding for over 50 days before being arrested on February 29.
The bench also set aside an earlier order constituting a special investigation team (SIT) with members of the state police.
The attack happened when the ED officers went to raid Sheikh Shahjahan's house in connection with the alleged multi-crore ration distribution scam.
The High Court noted that the attack on the officials of the ED and CRPF was "pre-planned".
"It is beyond comprehension that without a pre-planned effort, more than a thousand people could have assembled in that area armed with deadly weapons to attack the ED officials and CRPF," the bench said.
"Though a suo motu FIR had been registered in the very same police station, we agree with the submissions made on behalf of the ED that except for one offence, all were bailable offences. The state police have underplayed the entire situation," the bench stated.
"He (Shahjahan) is an elected representative of the public, holding the highest office in a Zila Parishad. He was fielded as the candidate at the elections held for the said post by the political party which is ruling dispensation," the bench stated.
"Thus, it has become imperative and absolutely necessary for doing complete justice and enforcing the fundamental rights of the public in general and the public of the locality that the cases be transferred to the CBI for investigation and to proceed further," it added.
Meanwhile, the West Bengal government will move the Supreme Court to challenge the High Court's order to transfer the probe to the CBI.
Sheikh Shahjahan was arrested by the state police on February 29 after 55 days of absconding.
Following his arrest, the Trinamool Congress suspended Sheikh Shahjahan for six years.
Shahjahan and his henchmen are accused of sexual harassment and land grab by several women in Sandeshkhali.
