High drama unfolded outside state police headquarters Bhabani Bhaban on Tuesday evening as a CBI team waiting for over two hours to take custody of Sandeshkhali strongman Sheikh Shahjahan, armed with a Calcutta High Court order, had to return empty-handed.

Earlier in the day, a high court division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmoy Bhattacharya had directed the state police to pass on all documents related to the case to the CBI and set a deadline of 4.30pm for handing over the now-suspended Trinamul leader to the central agency.

However, the Bengal government rushed to the Supreme Court seeking an "immediate stay" on the order, purportedly citing a lack of time in moving the top court, an attack on the federal structure of the Constitution and judicial overreach by the high court.

Although senior advocate Abhishek Manu Singhvi, appearing for the Bengal government, sought urgent hearing of the matter before a bench of Justices Sanjiv Khanna and Dipankar Datta, the top court asked him to make the request before the registrar-general.

CBI sources said the authorities at Bhabani Bhaban cited the appeal in the apex court to deny the central agency custody of Shahjahan.

"We were hoping to get custody of Shahjahan on the basis of the high court order," said a senior CBI officer. "After waiting for hours, we were informed that since the state has moved the Supreme Court, Shahjahan can't be handed over to us.... We will decide on our next course of action and inform the court about the day's developments," the officer added.

Senior officials in the home department said they had received a communique from the state's advocate on record stating that since a special leave petition had been moved before the Supreme Court challenging the Calcutta High Court order, Shahjahan may continue to be in CID custody for the day.

In the petition filed through Bengal standing counsel Astha Sharma, the Bengal government pleaded before the Supreme Court that it had been conducting a fair and impartial investigation into the allegations of atrocities in Sandeshkhali, but the high court had adopted an "erroneous approach" by finding fault with the probe and entrusting the case to the CBI.

Around the time the CBI team was waiting for Shahjahan's custody at Bhabani Bhaban, the Enforcement Directorate (ED) seized several immovable assets of the Sandeshkhali leader worth several crores. The ED is probing the money trail in connection with the alleged irregularities in the public distribution system in Bengal and senior officers said Shahjahan was one of the prime accused.

The ED had filed a case against Shahjahan on January 5 following an attack on its team that had gone to raid the leader's Sarberia house that morning.

On Tuesday, the high court said the state police had played "hide and seek" to protect Shahjahan.

"The then absconding accused is stated to be a 'strongman' in the locality and has very powerful connections in the ruling party apart from having been elected as a Karmadhaksya of the Zilla Parishad, North 24-Parganas, having been fielded as a candidate of the ruling dispensation," the order said.

"The State Police had played a 'hide and seek' methodology in all probability to shield the accused who undoubtedly is a highly politically influential person who has demonstrably shown that he is and would be in a position to influence the investigation if allowed to rest with the State Police," it added.

"... A fair, honest and complete investigation and this alone will retain the public confidence in the impartial working of the State agencies," the order said.