The Supreme Court on Monday refused to stay the Calcutta High Court order directing a CBI probe into the Sandeshkhali violence in which ED officials were allegedly attacked by local Trinamul leader Sheikh Shahjahan’s followers.

However, the apex court expunged the remarks made by the division bench against the conduct of the state police machinery while directing the CBI probe.

A bench of Justice B.R. Gavai and Justice Sandeep Gupta also orally questioned senior advocates Abhishek Manu Singhvi and Jaideep Gupta appearing for the Bengal government as to why it took so many days for the state to arrest Shahjahan.

Gupta clarified that the delay was on the account of a certain stay on the investigation, adding that after obtaining the necessary clarification, the state promptly arrested the accused Trinamul leader.

Additional solicitor-general S.V. Raju, appearing for the ED, explained to the bench briefly the genesis of the case and how the ED team was attacked when it went to raid Shahjahan’s premises on January 5.

“They tried to water down the case, insofar as the assault of the ED officer is concerned. They filed some other case. That’s why the investigation was stayed. The advocate-general then agreed to add Section 307 (attempt to murder),” Raju said.

Raju defended the high court order and said it rightly directly ordered a CBI probe as there were several flaws in the Bengal police probe.

Singhvi said the court should at least expunge the stricture passed against the state.

Initially, the bench said Singhvi would have to argue the issue of expunging the remarks. Later, Justice Gavai said, “…the observations made with regard to the conduct of police and state government shall stand expunged.”