SC upholds Calcutta HC order on CBI probe in Sandeshkhali row, dismisses West Bengal's plea

The Supreme Court on Monday refused to interfere with Calcutta HC order directing a CBI probe in the Sandeshkhali matter pertaining to the attack on ED officials.

However, the Supreme Court expunged remarks made by the High Court against state police and government.

In an order passed on March 5, the Calcutta High Court had ordered an independent CBI probe and directed the West Bengal Police to hand over the accused mastermind behind the attack, Sheikh Shahjahan, from the custody of the CID to the CBI on the same day.


The bench noted the submission of Additional Solicitor General SV Raju that he has no objection to expunction of the remarks if the final order transferring the probe to CBI remains as it is.

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.

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 approached the top court seeking urgent listing of its petition challenging the high court order, but failed to elicit prompt relief.

The state government, in its plea before the apex court, dubbed the high court order as perverse, illegal, and arbitrary which deserves to be set aside.

"It is most respectfully submitted that the Impugned Order was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm (approx.), but the directions contained therein required the Petitioner/State Govt. to comply with such directions by 4.30 pm on the self same day i.e. March 5, 2024 which effectively frustrated the Petitioner's right to avail its remedy under Article 136 of the Constitution.

"In fact, the Advocate General appearing for the Petitioner State orally prayed seeking stay on the operation of the Impugned Order for three days to avail such legal remedy but the Division Bench not only rejected such prayer but refused to record the same in the Impugned Order," the state government said.

(With inputs from agencies)