The Calcutta High Court on Wednesday directed that Trinamool Congress leader Shahjahan Sheikh, the main accused in Sandeshkhali case, can be arrested by the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED) or the State Police.
A division bench presided by Chief Justice TS Sivagnanam clarified that the court in its February 7 order had only stayed the constitution of a joint special investigation team (SIT) of the CBI and State Police by a single bench to probe an attack on ED officials.
The division bench directed that it will be “open to the CBI or the ED also to arrest” the absconding Sheikh, noting that he has been on the run for a substantial period.
Additional Solicitor General of India SV Raju, appearing for the ED, expressed apprehension that if the state police arrest Sheikh, there is a likelihood of the case being diluted by the state police as the CBI and the ED have serious reservations against them and that there is also an allegation that they are colluding with the absconding accused.
Advocate General Kishore Dutta, appearing for the West Bengal government, vehemently disputed such contention.
After the AG raised the issue seeking a clarification of the February 7 order, the CJ said it restrained police from investigating, but there is no stay on arrest of Sheikh.
The bench said it has already stated in its February 26 order that a person who is an elected representative in the North 24 Parganas zilla parishad cannot be permitted to be absconding.
The AG had on February 26 submitted that in four years till December 18, 2023, the local police registered 43 FIRs on various charges including rape, out of which chargesheet have been submitted in 42 cases.
The ED and the state government had moved separate appeals challenging the single bench order. While the ED prayed that only the CBI be ordered to investigate the attack, the state prayed that its police be given the sole authority to probe the FIRs on the same.
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