Sandehskhali Case: Calcutta High Court Directs CBI to Get Custody of Shahjahan Sheikh by Today

On Tuesday, the Calcutta High Court decided to transfer the investigation of the attack on Enforcement Directorate (ED) officers in Sandeshkhali, West Bengal, to the Central Bureau of Investigation (CBI). This incident occurred during a raid on the home of Shahjahan Sheikh, who is accused in a ration scam. The court, led by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, overturned a previous order that had established a Special Investigation Team (SIT) with members from the state police. Instead, they directed the state to promptly hand over all relevant documents and the custody of the main accused, Shahjahan Sheikh, to the CBI.

This decision came after a hearing where the CBI argued that leaving Sheikh in the custody of the state police could compromise the investigation, given his alleged involvement in orchestrating an attack on officials from the central agency. Following the assault on ED officers, the situation in Sandeshkhali worsened, leading to reports of widespread unrest, sexual assault, and land grabbing allegedly committed by Sheikh and his followers, who are affiliated with the ruling party in West Bengal.

The division bench is also handling a case related to alleged illegal activities against the residents of Sandeshkhali by Sheikh and his associates. The court had clarified earlier that there was no restriction on Sheikh's arrest, and he was eventually apprehended by the state police after being on the run for an extended period, facing charges in almost 42 criminal cases linked to Sandeshkhali.

Assistant Solicitor General SV Raju argued in court that transferring Sheikh's custody to the CBI was crucial to prevent frustration of the investigation's purpose. He raised concerns about the state police colluding with Sheikh, pointing out the registration of FIRs against ED officials on the same day they were assaulted. The State's Advocate General countered by stating that the investigation had been handed over to the State Criminal Investigation Department (CID), which was examining the allegations and had included "all possible sections" against Sheikh, including charges under Section 307 of the Indian Penal Code.

Importantly, the division bench had previously, at the CBI's request, put a hold on the formation of an SIT involving state police and CBI members to probe the assault on ED officials, citing concerns about potential information leakage with state police involvement.