NEW DELHI: The Supreme Court on Monday declined to consider a plea by the West Bengal government against a direction to transfer the probe to the CBI into charges of mass sexual exploitation of women and land grab in Sandeshkhali allegedly by a suspended TMC party member Sheikh Shahjahan and others.
"You don't act or do anything for months," a bench of Justices B R Gavai and K V Vishwanathan, said, while the dismissing the special leave petition filed by the Mamata Banerjee government.
The bench, however, clarified that the observations made by the High Court would not influence the trial court proceedings and future remedies available in the law.
On behalf of the TMC government, senior advocate A M Singhvi claimed 42 charge sheet were filed by the state police and women police personnel were deployed over there.
He questioned the High Court's order directing the CBI probe into 43 FIRs, including one related to ration scam.
He submitted the issue should not be blown out of proportion for political reasons.
The court, however, declined to entertain the matter.
On last date hearing, April 29, 2024, when the state government sought adjournment due to ongoing Lok Sabha polls, the bench had asked the West Bengal government, "Why should the State file a petition to protect some private entities."
The Calcutta High Court had on April 10, 2024 ordered for the CBI probe into charges of sexual exploitation of women and land grab made against suspended TMC leader Shahjahan and others in Sandeshkhali in Bashirhat Sub division of North 24 Parganas district.
In its SLP, the state government claimed the HC failed to notice the PILs were filed by the interested parties with oblique political motives. It had contended the HC also ignored 43 FIRs were filed by the police, in 42 cases, chargesheets have been filed under various penal sections including Section 376 IPC. In seven cases of land grabbing, charge sheets have been filed on February 08, 2024, apart from 24 cases of land grabbing having been registered by the state police.
Widespread protests were witnessed in Sandeshkhali since February 7, 2024, alleging molestation, rape and land grabbing against TMC leader Sheikh Sahajahan and his associates, Shibu Hazra and Sushanta Sardar alias Uttam Sardar.
The state government also said the HC went by the fact the CBI was already probing attack on ED officials in Sandeshkhali and completely overlooked, the fact that while giving supremacy to the political voices in a court proceeding, not only vitiated the matter at hand, but further would lead to biased investigation.
It also pointed out the High Court heavily relied on the report of National Commission for Scheduled Tribes, which was inconclusive.
"The High Court has failed to appreciate that the PIL petitioners, intervenors and other related parties are interested parties with oblique political motives and any liberty granted to them to file complaints before the CBI would overburden the agency with frivolous complaints and further denude the actual victims of a reasonable opportunity to file a complaint," it said.
