
The Supreme Court on Monday reprimanded the West Bengal government of Mamata Banerjee for opposing the CBI investigation into the Sandeshkhali issue and questioned how can a state government approach the apex court to protect the interests of an individual, India Today reported.
"How can the state government approach the Supreme Court to protect the interests of an individual?" asked the bench of Justice BR Gavai and Justice Sandeep Mehta.
The bench refused to issue any stay on the High Court's order directing a CBI probe against suspended TMC leader Sheikh Shahjanah in the Sandeshkhali case.
Shahjanah is the key accused in the case of crimes against women and land grabbing in Sandeshkhali.
The West Bengal government's counsel said that they challenged the High Court order because there were remarks and observations made against the state. In its plea before the top court, the state government stated that the HC's April 10 order "demoralised the entire state machinery", including the police force.
"The high court in a very generic order directed the State to provide the required support to the CBI without any guidelines, which amounts to usurping the powers of the state police to investigate any cognisable offence in the Sandeshkhali area, even if the same is not related to the allegations levelled by the PIL petitioners," the plea argued.
However, the apex court observed that the state can also seek the expungement of those remarks from the High Court records if they are only aggrieved by the observations. The top court will hear the case when it resumes after the summer holidays.
The CBI is already investigating the case of an attack on Enforcement Directorate officials in Sandeshkhali and has registered three FIRs. The high court directed the CBI to file a comprehensive report on the alleged illegal conversion of agricultural land into water bodies for pisciculture after conducting a thorough inspection of revenue records and physical inspection of land alleged to have been converted.
The high court also directed the CBI to investigate allegations of crimes against women and land grabbing in Sandeshkhali and submit a comprehensive report to it on the next date of hearing. The high court bench had directed that the matter will be heard again on May 2, the date on which the CBI was asked to file the report.
ED officials were attacked on January 5 by a mob when they went to Sandeshkhali to search the premises of Shahjahan Sheikh in connection with a ration distribution scam case. Passing the judgement, the high court observed that an impartial inquiry is required to be done by an agency which has the power to probe the criminal angle stated to be involved.
The HC had said that it decided to order an investigation by the CBI considering the nature of allegations involving crimes against women and grabbing of land of locals, including those belonging to Scheduled Tribes and the volume of complaints placed before it by one of the petitioners.
Around 600 complaints in the form of affidavits, including those of alleged sexual atrocities, land grabbing and other crimes such as assault and destruction of property, had been submitted before the high court by petitioner-lawyer Priyanka Tibrewal.
(With inputs from PTI)