A recent development in the Sheikh Shahjahan case has sparked renewed debate about federalism and the role of central agencies in investigating state matters.
The West Bengal Criminal Investigation Department (CID) refused to hand over the custody of Shahjahan, a suspended TMC leader, to the Central Bureau of Investigation (CBI) following a Calcutta High Court order. This move came after the state government challenged the order in the Supreme Court.
The Bengal government has refused to hand over custody of Sheikh Shahjahan – the former Trinamool strongman accused of extortion, land grab, and sexual assault in Bengal’s Sandeshkhali – to the CBI despite a Calcutta High Court order Tuesday to the police’s criminal investigation department, or CID.
West Bengal CID refuses to handover Sheikh Shahjahan to CBI
The police were instructed by the court to hand over Shahjahan’s custody along with the case files by 4:30 p.m. An empty-handed CBI team left the Kolkata police headquarters around 7:30 p.m. The state has petitioned the Supreme Court, therefore they are holding off on releasing Shahjahan until they receive their decision.
Earlier today the High Court held the state police to be “totally biased” and called for a “fair, honest, and complete investigation” into the allegations against Shahjahan. “There can be no better case than this… which requires to be transferred (and) to be investigated by the CBI,” it observed.
The Bengal government approached the Supreme Court, but its appeal for an immediate hearing was turned down. The top court asked the state to mention its plea before the Registrar-General.
A High Court bench led by Chief Justice TS Sivagnanam set aside an earlier order setting up a special investigative team – of CBI and state police officials – and transferred the case to the central agency.
The state and the Enforcement Directorate filed separate objections to that order; the state wanted the police to conduct the investigation, while the ED wanted the matter to be assigned to the CBI alone.
Sheikh Shahjahan had been on the run since January 5, when a team of Enforcement Directorate officials were attacked by a mob of his supporters while en route to conduct raids.
This evening the ED said it had provisionally attached movable and immovable assets worth ₹ 12.78 crore in connection with the Sheikh Shahjahan case.
The attack and Shahjahan’s disappearance sparked a huge political row; the ruling Trinamool was targeted by the BJP, which accused Chief Minister Mamata Banerjee’s party of protecting him.
On the run for 55 days, Shahjahan was finally arrested by a special police team and suspended from the Trinamool for six years. His arrest came three days after the High Court ordered his arrest.
In response to claims made by Trinamool MP Abhishek Banerjee that his party was not “guarding” the accused and that the judiciary had “tied” the state’s hands, a furious court was hearing arguments.
“I want to put this on record… Trinamool is not guarding Shahjahan. Judiciary is. Lift the stay and see what police does…” he said in response to the BJP.
The court shot back, saying, “Shahjahan obviously needs to be arrested.” “We clarify there is no stay on arrest in any proceeding. He is absconding.”
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BJP leader Suvendu Adhikari – a former Trinamool leader and close aide of Ms Banerjee – declared, “This is not an arrest; this is a mutual adjustment.”
Prime Minister Narendra Modi directed a pointed jab at the Shahjahan-Sandeshkhali controversy during his visit to Bengal last week. Additionally, Mr. Modi attacked Ms. Banerjee for prioritising “some people” over the pain of women and accused the Trinamool of protecting its former member.
Referring to the party’s ‘Maa, Maati, Manush’ (Mother, Land, and People) slogan, he declared, “What has been done to women in Sandeshkhali by Trinamool… has made the country angry.”
With input from agencies
FAQs:
1. Who is Sheikh Shahjahan, and what is the case about?
Sheikh Shahjahan is a suspended leader of the Trinamool Congress (TMC) party in West Bengal. He is accused of involvement in various irregularities, including illegal sand mining.
2. Why did the High Court order CBI investigation?
The Calcutta High Court, expressing concerns about impartiality, ordered the CBI to investigate the case against Shahjahan in February 2024.
3. Why is the West Bengal CID refusing to hand over Shahjahan?
The West Bengal government, led by the TMC party, has challenged the High Court order in the Supreme Court. While awaiting the Supreme Court’s decision, the CID claims they are still investigating the case and hence cannot hand over Shahjahan.
4. What are the potential implications of this situation?
This ongoing dispute raises questions about federalism and the balance of power between the central and state governments. It also delays the investigation and potentially affects the delivery of justice.
5. What is the next step?
The Supreme Court will hear the West Bengal government’s challenge and decide on the validity of the High Court order. This ruling will determine whether the CBI investigation will proceed or not.
