The Enforcement Directorate on Monday submitted a prayer in Calcutta High Court seeking a CBI inquiry into the attack on its officers who went to raid the house of Trinamul Congress leader Shahjahan Sheikh in Sandeshkhali in North 24-Parganas in connection with the public distribution system scam.
The court asked the state why out of “1,000” people allegedly involved in the January 5 attack, only four have been arrested. The court asked the state to present the case diary, which should reflect the progress of the police investigation so far.
Reacting to the ED’s prayer for handing the investigation to the CBI, Bengal
advocate-general Kishore Datta asked if a complainant had the right to select the agency that would investigate its case.
Justice Jay Sengupta, in whose court the prayer was made, said there was no legal barrier in that (taking away the investigation from the Bengal police and handing it to the CBI). However, no final decision was taken regarding this.
Justice Sengupta asked the state about the progress of the police investigation
and if only four out of the “1000” men who had been involved in the attack on
the ED officers had been arrested. He asked if the police had been able to arrest Shahjahan Sheikh.
“Have the police arrested Shahjahan Sheikh? Who is investigating the case now? According to you, only four out of 1,000 people have been arrested. Isn’t it?” Justice Sengupta asked Datta.
The advocate-general responded that there was a “supervising team” that is probing the case.
The judge then asked if the police had invoked the appropriate sections of the Indian Penal Code, given that the mob was armed with bricks and rods.
“Have the police added Section 307 IPC (attempt to murder)? If a brick is used to hit someone’s head, should we not add the section of attempt to murder? Why is the local Nazat police station still involved in the probe?” Justice Sengupta said during the hearing.
The judge also asked whether the police had gone to Shahjahan Sheikh’s house after the incident as there were allegations that the Trinamul leader had instigated the mob that attacked the ED officers.
At this, advocate-general Datta said the police had gone thrice to Shahjahan Sheikh’s house after the incident but found the house locked every time.
Justice Sengupta said he wanted to see the case diary, which records the progress of the investigation.
“Only four persons have been arrested out of 1,000. Shahjahan Sheikh has yet to be arrested. We have to see what investigation has been done by the police,” Justice Sengupta said.
The state has been asked to present the case diary on Tuesday.
The state informed the court that statements of the three ED officers who were injured have been recorded. However, the ED has yet to share the details of the CRPF personnel who were present on the spot during the raid on January 5, lawyers appearing for the state alleged.
A lawyer who said he was representing Shahjahan Sheikh appeared before the court on Monday and said he was not privy to the FIR against his client.
The court asked him why his client had not surrendered before the police.
