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Synopsis

The Supreme Court of India today refused to entertain the West Bengal government's plea questioning correctness of April 10 order by the Calcutta High Court's division bench for transfer of probe into charges of mass sexual exploitation of women and land grab against ruling TMC leader, now suspended, Sheikh Shahjahan and others in Sandeshkhali in North 24 Parganas.

A bench of Justices BR Gavai and KV Vishwanathan clarified that the observations made by court shall not influence the trial.

Notably, when the case was taken up today, a pass over was sought on behalf of Senior Advocate AM Singhvi. In response, Justice Gavai asked, "On the last date an adjournment was sought... why is the state trying to protect somebody..".

Later, Singhvi appeared before the bench and submitted that the High Court has passed a blanket order. "Things should not be blown out of proportion due to political reasons..", he added.

Pulling up the state government, Justice Gavai said, "You don't do anything for months..".

While adjourning the matter in April, a bench of Justices BR Gavai and Sandeep Mehta had also questioned the state, "Why has state filed an SLP against CBI looking into a private person..?".

In a special leave petition, the Mamata Banerjee government claimed the High Court failed to consider the underlying political motive behind multiple PILs before it. The order would overburden the CBI with frivolous complaints and further denude the actual victims of a reasonable opportunity to file a complaint, it contended.

The state government also claimed the High Court completely ignored the extensive efforts taken by the state police in the matter.

It states nearly 43 FIRs have been registered and the earliest of which was registered four years ago and the last FIR was registered on February 10, 2024. Further out of the 43 FIRs, in 42 cases chargesheets have been laid under various penal sections including Section 376 IPC. The High Court also noted that in seven cases of land grabbing charge sheets have been filed on February 08, 2024, apart from 24 cases of land grabbing having been registered by the State Police.

"The Division Bench, in its haste in painting the entire State Machinery as biased and in cohoots with the ruling dispensation, completely ignored the material placed before it indicating the measures taken by the State Govt./State Police in the investigation," the plea said.

The state government also said the High Court has directed the CBI to investigate the allegations of sexual violence and land grabbing in Sandeshkhali, solely on the basis that the CBI is already investigating the purported attack on the ED officials in Sandeshkhali while arresting accused Sahajahan.

On April 10, a division bench presided over by Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya, emphasising the gravity of the situation, directed the CBI to conduct a thorough inquiry into the matter.

The directive followed a series of events, including an attack on Enforcement Directorate (ED) officials by a mob in Sandeshkhali on January 5 this year. The officials were assaulted during a search operation at the premises of Shajahan, a suspended Trinamool Congress leader implicated in a ration distribution scam.

Case Title: State of West Bengal vs. High Court of Calcutta