NEW DELHI: The Supreme Court on Monday raised questions as to why the West Bengal government had moved it challenging the Calcutta HC order for CBI a probe in Sandeshkhali violence and asked the state why it is interested in protecting the accused.
The two-judge bench of the apex court, led by Justice BR Gavai and Sandeep Mehta, made these remarks while hearing an appeal filed by the West Bengal government in the Sandeshkhali violence and sexual assault case.
"Why should the State (WB govt) come as a petitioner for protecting the interest of some private (individual)?" the top court remarked.
Replying to the SC's query, senior advocate Jaideep Gupta, West Bengal government, said that there are certain (adverse) comments against the State government being given by the Calcutta HC in its order.
"It is unfair, because the State government has taken full action in this case," Gupta said.
Senior advocate, Abhishek Manu Singhvi, appearing for the state of West Bengal, requested the court to take up the matter after a couple of weeks. He submitted that there is some very important information and material that could not be collected to be filed with the present SLP (Special Leave Petition) in this case.
After hearing the submissions from Singhvi and others, the top court fixed thr matter for further hearing after summer vacation.
West Bengal government on Friday moved the Supreme Court challenging the Calcutta High Court's April 10 order directing a thorough CBI (Central Bureau of Investigation) probe into the allegations of land grabbing & sexual assault in Sandeshkhali.
The Calcutta High Court in its order on April 10 had given a strong blow to the Mamata government and had decided to order the CBI to conduct a thorough investigation into the Sandeshkhali case. It had said that the investigation would be monitored by itself.
The WB government in its SLP, a copy accessed by this newspaper, filed in the top court, said that the HC order was erroneous on the face of it, as the larger issue relating to the case was been investigated by the state police. It was not only doubtful but unheard of that an offshoot of the same, as alleged currently should go to a central agency.
"The actions of the State Govt in the present matter have been completely overlooked, while the political voices have been given supremacy in a court proceeding, which not only vitiates the matter at hand, but further will lead to biasaed investigation. The HC heavily relies on the Report of National Commission for Scheduled Tribes and numerous affidavits of alleged victims to pass the directions, whereas the said Report is not conclusive as the State is permitted to file its objections against the Report," the WB govt said in its SLP.
"The said directions by the HC, are unwarranted and not sustainable in the eyes of law and should be quashed by the SC," the WB govt said in its appeal filed in the top court.
In its plea, the Mamata Banerjee-led Trinamool Congress, said that the HC failed to consider the underlying political motive in the case. The extensive steps taken by the state police in the matter were completely ignored by the HC and the transfer of the probe to the CBI in a cursory manner is a violation of the law.
"The HC Order, which on one hand has called for a report from the CBI on the probe has further painted the entire state machinery at fault attributing culpability of the State Officials in the land grabbing allegations, which prima facie are unwarranted," the WB govt in its appeal said.
On the orders of the Calcutta HC, the central agency had registered three FIRs related to the incidents on January 5. The FIRs pertain to alleged attack on ED officers by a mob on the complaint by officers, allegations against ED officials levelled by the guard of suspended TMC leader Sheikh and a motu case registered by the Nazat police station about the attack on ED officers.
