Breaking: Supreme Court Dismisses West Bengal's SLP Against High Court's Order For CBI Enquiry Into Sandeshkhali Violence

The Supreme Court's Bench comprising Justice BR Gavai and Justice KV Viswanathan today dismissed West Bengal's SLP challenging the High Court's order directing CBI enquiry into FIRs relating to the alleged sexual assault, violence and land grabbing in Sandeshkhali. 

At the outset, when the Counsel for the State requested for a passover for Senior Advocate Abhishek Singhvi to appear, the Court asked the Counsel why the State wants to defend a person (Sheikh Shahjahan).

When the matter was called against Dr. Singhvi appeared for the State and submitted that "far-reaching directions" to the CBI should be limited only to two FIRs which relate to the ED officials.  He submitted that the directions have been issued with respect to 43 FIRs, including FIRs relating to the Ration Scam. 

"It is not an omnibus order. It pertains to all related incidents", Justice Gavai remarked.

Senior Advocate Menakha Guruswamy who appeared for an intervenor tried to highlight an audio recording of a person saying that the case should be blown out of proportion for political reasons. The Court said that it is not inclined to consider the same. 

Senior Advocate Madhavi Divan and ASG Aishwarya Bhati appeared for the Respondents. Advocate Bansuri Swaraj also appeared for the Respondents. 

"Thank you, dismissed", Justice Gavai said dismissing the SLP.  

"We, however, clarify that any observations in the impugned will not influence the CBI in investigating the FIRs impartially", the Court clarified upon a request by Dr. Singhvi. 

Senior Advocate Jaideep Gupta also appeared for the State.  

April 29, 2024, Supreme Court had adjourned the SLP filed by the State of West Bengal assailing the order passed by the High Court directing a CBI investigation into alleged sexual assault, violence and land grabbing in Sandeshkhali on the request of the Counsel for the State.

While adjourning the matter post-summer vacation, the Court had directed that the pendency of the petition shall not be used in any manner to prolong the proceedings pending before the Calcutta High Court.

On May 2, 2024, the Calcutta High Court had directed the State authorities to extend the fullest cooperation as the Central Bureau of Investigation made an allegation about their non-cooperation.

The State of West Bengal, in its special leave petition against the order passed by the Calcutta High Court in Sandeshkhali Violence cases, has stated that the Public Interest Litigation Petitioners, Intervenors and other related parties are interested parties with oblique political motives and the State Police has already taken extensive steps in the matter which were ignored by the High Court. The prime accused in these cases is Sheikh Shahjahan who is in the custody of the Enforcement Directorate.

On April 10, 2024, the Division Bench comprising Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya, Calcutta High Court had ordered that an impartial enquiry is required to be done by an agency which has the power to probe the criminal angle stated to be involved. Therefore, the Court opined that that it was necessary in the interest of justice and fair play, and for expeditious considerations of various complaints and allegations, an impartial enquiry was required to be conducted. The Court said that the State of West Bengal shall provide the required support to the CBI to enquire into the matter.

The Petition also alleged that the transfer was founded on the sole ground that the CBI is already investigating the attack on the ED Officials in Sandeshkhali, therefore it would be prudent that the CBI should also investigate the allegations of sexual violence and land grabbing in Sandeshkhali. The High Court had taken suo moto cognizance in response to the newspaper reports of alleged sexual assault, violence and land-grabbing cases in Sandeshkahli, North 24 Parganas, West Bengal. The Court had expressed anguish and concern over the fact that in earlier cases of a similar nature, the Police Authorities took four years to file chargesheets and there was a delay in investigations/inquiries.

The Calcutta High Court had also told the Counsel of the prime accused Sheikh Shahjahan that he shall not exercise his powers as Zila Parishad Pradhan of Sandeshkhali. The Calcutta High Court had refused the urgent listing of the Bail Application of TMC Leader Shahjahan Sheikh who was arrested either in the morning or late night yesterday in the sexual assault, violence and land-grabbing cases from Sandeshkhali.

A Public Interest Litigation (PIL) had been filed before the Calcutta High Court seeking justice for the victims of the alleged Sandeshkhali large-scale violence, praying for a High Court-monitored CBI/ SIT enquiry into the matter. The plea, filed by AOR Alakh Alok Srivastava, further sought the constitution of a Fact-finding Committee, compensation to the victims, deployment of the Central Reserve Police Force (CRPF) in the violence-affected area, and action against the erring police officials.

Cause Title: State of West Bengal and Ors. v. High Court of Calcutta through Registrar General and Ors. ( SLP(C) 9462-9465 of 2024)