NEW DELHI: The Supreme Court on Monday put the West Bengal on the dock over the delay in arrest of main accused Shahjahan Sheikh, as it dismissed a plea by the West Bengal government against the Calcutta High Court's decision to transfer a case related to attack in Enforcement Directorate officers to the CBI.
A bench of Justices B R Gavai and Sandeep Mehta said, "We are not inclined to interfere with the High Court's order and entertain the special leave petition. However, the observations made against the state police would stand expunged."
Earlier, during the hearing, the court asked senior advocate Jaideep Gupta, appearing for the West Bengal government, as to why Shahjahan Sheikh was not arrested for so many days.
Gupta said since there was a stay on the investigation, the state government went for clarification and the man was arrested within one day.
The bench asked him, "There were 42 FIRs. What were duration of those FIRs? How long ago were those lodged."
"How long does it take for filing of the charge sheet? Why was Shahjahan Sheikh not arrested for so long," the bench asked him.
Additional Solicitor General S V Raju for the central agencies submitted the ED officers who went to arrest Sheikh, were beaten up and a counter case was lodged by an associate of the accused with the West Bengal police.
He said the West Bengal police delayed handing over the case documents and custody of Sheikh. "There were several cases of harassment against him. He has been patronised by the local police and the politicians," Raju claimed.
He said for 57 days, the accused was not available.
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Senior advocate also for the West Bengal government objected to observations made against the state police by the High Court.
On March 6, the CBI got custody of Shajahan Sheikh, the key accused in the Sandeshkhali ED official attack case, from the West Bengal CID, following two orders by the Calcutta High Court to do so on two consecutive days.
The high court had then directed the state government to. immediately implement its Tuesdays order to transfer the case on the attack on Enforcement Directorate (ED) officials at Sandeshkhali to the CBI and hand over custody of Sheikh to the central agency.
The West Bengal government had moved the Supreme Court against an order of the high court. But the apex court refused an urgent listing of the plea and asked the states counsel to mention the matter before the Registrar General.
