The Supreme Court on Monday dismissed the West Bengal government's plea challenging a Calcutta High Court order for transferring to the CBI the probe into the January 5 attack on an Enforcement Directorate (ED) team in Sandeshkhali.
A bench of Justices B.R. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against the state government and the police in the March 5 order of the high court. The bench noted the submission of Additional Solicitor General S.V. Raju that he has no objection to expunction of the remarks if the final order transferring the probe to CBI remains as it is.
During the hearing, the bench posed several questions to senior advocate Jaideep Gupta, representing the West Bengal police, as to why suspended TMC leader Shahjahan Sheikh was not promptly arrested after the January 5 attack and why was there a delay in the investigation of the case. Raju contended if the investigation was not handed over to the CBI, the probe by the state police would be a farce.
On March 6, the West Bengal government had approached the top court seeking urgent listing of its petition challenging the High Court order, but, failed to elicit prompt relief. The state government, in its plea before the apex court, dubbed the high court order as perverse, illegal, and arbitrary which deserves to be set aside.
"It is most respectfully submitted that the impugned order was pronounced by the Division Bench at 3pm and uploaded on the High Court website by 3.30pm (approx.), but the directions contained therein required the Petitioner/State Govt. to comply with such directions by 4.30pm on the same day i.e. March 5, 2024, which effectively frustrated the Petitioner's right to avail its remedy under Article 136 of the Constitution.
"In fact, the Advocate General appearing for the Petitioner State orally prayed seeking stay on the operation of the Impugned Order for three days to avail such legal remedy but the Division Bench not only rejected such prayer but refused to record the same in the Impugned Order," the state government said.
