The Supreme Court on Monday delivered a split verdict in the case concerning the attack on an Enforcement Directorate (ED) team in Sandeshkhali, West Bengal, on January 5.
While upholding the Calcutta High Court's order transferring the investigation to the Central Bureau of Investigation (CBI), the apex court directed the expungement of certain observations critical of the state government and police made by the high court in its March 5 order.
A bench comprising Justices BR Gavai and Sandeep Mehta heard arguments presented by both sides.
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.
Additional Solicitor General SV Raju, on behalf of the CBI, argued that handing over the investigation was essential to ensure a fair and unbiased probe. He further agreed to the expunction of the critical remarks made by the high court, provided the core order directing the CBI investigation remained intact.
Raju contended if the investigation was not handed over to the CBI, the probe by the state police will be a farce.
On March 6, the West Bengal government had sought urgent listing of its petition challenging the high court's decision in the apex court, but the plea did not yield immediate relief.
In its petition before the Supreme Court, the state government criticised the high court's order as flawed, illegal, and capricious, urging its annulment.
The state government highlighted the urgency of the matter, pointing out that the high court order, pronounced at 3 pm and uploaded on its website by 3:30 pm on March 5, mandated compliance by 4:30 pm on the same day.
This, according to the state, undermined its right to seek redress under Article 136 of the Constitution.
Despite the state's oral plea for a three-day stay on the order's execution to facilitate legal recourse, the high court rejected the request, the state government lamented.
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