On Monday (29th April), the Supreme Court of India pulled up the West Bengal government for opposing the CBI investigation into the Sandeshkhali issue. Criticising the government’s stance, the bench asked how can a state government approach the top court to protect the interests of an individual.
Additionally, the bench comprising Justices BR Gavai and Sandeep Mehta also refused to issue any stay on the High Court’s order that directed a CBI probe in this matter. The top court has also adjourned the matter and it will hear the case when it resumes after the summer holidays in July.
Notably, the West Bengal government has filed a Special Leave Petition (SLP) against the Calcutta High Court’s judgment that directed the CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali.
The bench adjourned the matter at the request of Senior Advocate Abhishek Manu Singhvi, the counsel for the West Bengal government. He had requested the bench to take up the matter after a couple of weeks. He argued that there was some very important information that could not be collected to be filed with the present SLP.
While the bench expressed reservations about adjourning the matter, it accepted his request only after taking his statement on record that “the pendency of this petition will not be used as a ground for any purposes.”
Following the pronouncement of the order, Justice Gavai could be heard saying, “Why should the State come as a petitioner for protecting the interest of some private (individual)?”
The Court order states, “The learned senior counsel for the petitioner seeks an adjournment after one week. The matter is adjourned after vacation. We, however, record the statement of Mr. Singhvi that the pendency of this petition will not be used as a ground for any purposes.”
TMC govt is opposing a CBI investigation into Sandeshkhali issue
Former Trinamool leader Sheikh Shahjanah is the key accused in this case pertaining to allegations of land grabbing and sexual assault by the locals of Sandeshkhali.
In its SLP, the Mamata Banerjee-led TMC government claimed that the High Court’s order dated 10th April “demoralised the entire state machinery”, including the police force.
The plea had argued, “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.”
On 10th April, the Calcutta High Court ordered the CBI to file a comprehensive report on the alleged illegal conversion of agricultural land into water bodies as well as investigate allegations of crimes against women and land grabbing. The agency was asked to submit a comprehensive report before the next hearing on 2nd May.
While directing a court-monitored CBI probe in the Sandeshkhali incident, the High Court noted, “Therefore, this court is of the considered opinion that it is necessary in the interest of justice and fair play and for expeditious consideration of the various complaints and allegations an impartial enquiry is required to be conducted. The state has to provide the required support to the said agency to be appointed by us to enquire into the matter.”
Before the order, the CBI was already probing the 5th January attack on Enforcement Directorate officials in Sandeshkhali.