The Supreme Court on Monday refused to stay the Calcutta High Court order directing CBI probe into the Sandeskali violence in which ED officials were allegedly attacked by Trinamul leader Sheikh Shahjahan whose followers also reportedly subjected several local women to sexual assaults and occupied their lands.
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 Sheikh.
Gupta, clarified that the delay was on the account of certain stay on the investigation but after obtaining the necessary clarification, the state had 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 central agency officials were attacked when they went to raid Shahjahan 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. Advocate General then agreed to add Section 307 (attempt to murder),” Raju said.
Raju defended the high court order and said it had rightly directly ordered CBI probe as there were several flaws in the Bengal police probe.
Senior advocate Singhvi said the court should 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 agreed to it.