HC reserves order on ED plea to transfer case from state police to CBI

It was submitted that state police had arrested Shahjahan based on the complaint filed by ED 

MP, 4 Mar 2024, Kolkata: The Calcutta High Court on Monday reserved order in a prayer by Enforcement Directorate (ED) for transfer of investigation from state police to Central Bureau of Investigation (CBI) in connection with the attack on ED officials at Sandeshkhali. 

Additional Solicitor General (ASG) SV Raju told the Court that the state police which had arrested the prime accused in the Sandeshkhali unrest Sheikh Shahjahan was attempting to frustrate the investigation. It was submitted that state police had arrested Shahjahan based on the complaint filed by Enforcement Directorate (ED). 

He was then taken into police custody under the CrPC. It was submitted that if the investigation was not transferred, the police custody would be frustrated. Also Read - East Midnapore: CM unveils 493 projects worth over Rs 1437 cr It was submitted that the accused was arrested on February 29 and since then 5 days have elapsed. 

The Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya on last occasion had clarified that there was no stay on the arrest and the previous orders only indicated stay on formation of SIT and proceedings into investigation by the police. Chief Justice had also stated that both central agencies and state police were free to arrest the accused who was absconding. 

The ASG submitted: “Let him be given to CBI custody otherwise arrest is a farce. It will not lead to investigation and no one will get custody after 15 days.” 

The Advocate General for the state Kishore Datta submitted that the investigation had been carried out by the state CID. It was further submitted that investigations could be transferred in selective cases where there are allegations against police personnel or high-ranking state officials. 

But, according to the AG, the state police only became involved when the ED requested their intervention after few of their officials were assaulted by a mob at Sandeshkhali. The Court closed the hearing and reserved its judgement. 

https://www.millenniumpost.in/bengal/hc-reserves-order-on-ed-plea-to-transfer-case-from-state-police-to-cbi-554615