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The Calcutta High Court has intervened in the ongoing case involving arrested Trinamool Congress (TMC) leader Shajahan Sheikh, asking the West Bengal Police to 'stay its hands' on the investigation, in relation to the alleged attack on officers of the Enforcement Directorate (ED) by Sheikh's followers.

The court, led by Chief Justice TS Sivagnanam alongside justice Hiranmay Bhattacharyya, ordered the State Police to halt their investigation into the incident until a decision is made on ‘Whether the State Police or the Central Bureau of Investigation (CBI) should continue the probe’.

The Advocate General (AG) for West Bengal Kishore Datta, argued against transferring the investigation from the State Police to the Central Bureau of Investigation (CBI). He maintained that the State Police are fully competent to handle the case and pointed out that there has been no direct accusation from the Enforcement Directorate (ED) suggesting the State Police were involved in the attack on its officers. Furthermore, the AG noted that while it wasn't obligatory, the ED could have informed the local police about their intended raids, which would have allowed the local authorities to provide protection.

Raising concerns over the justification of keeping Sheikh in custody without any ongoing investigation into the specific FIRs (First Information Reports) related to the attack on ED officers, the Chief Justice quizzed the AG, “The issue is that we only permitted arresting this man but the investigations in the said FIRs (of attack on ED Officers) continued to be stayed. So how can you keep a person in custody when there will be no probe?”. 

The AG defended the police action by suggesting a misunderstanding of the court's previous orders, which had stayed the investigation but not the arrests themselves.He suggested that the arrest was not in violation of the court's previous orders, as those orders only stayed the formation of a Special Investigation Team (SIT) and not the arrests themselves. 

However, this interpretation was challenged by the court and by Deputy Solicitor General Dhiraj Trivedi and Additional Solicitor General SV Raju, representing the ED, who argued for the necessity of transferring the case to the CBI to ensure an unbiased investigation, given the alleged prejudiced actions of the local police from the outset.

DSG Dhiraj Trivedi, argued that the arrest by the State Police appears strategically timed and targeted, aiming to circumvent the legal process and undermine the FIRs lodged against Sheikh. 

Additional Solicitor General SV Raju further criticised the state's decision, suggesting that the police's actions were not only malicious but also rendered the arrest meaningless since the judicial orders were effectively being ignored, leading to a scenario where Sheikh was "merrily enjoying the custody" without facing actual investigation.

Timeline of Events :

• January 5: Supporters of Shajahan Sheikh, local leader of the Trinamool Congress, attack a team of Enforcement Directorate (ED) officials in Sandeshkhali, North 24 Parganas district. The ED team was there to investigate Sheikh in connection with alleged irregularities in the public distribution system, tied to former state minister Jyoti Priya Mallick. Sheikh is also the prime accused in various crimes including sexual assault and land grabbing in Sandeshkhali, leading to considerable unrest in the region. Shahjahan Sheikh remains elusive since the January 5 attack, facing allegations of land grab and sexual harassment in Sandeshkhali.

• January 17: The Calcutta High Court orders the formation of a Special Investigation Team (SIT), comprising two SP-rank officers from the CBI and West Bengal Police, to investigate the attack, following a directive by Justice Jay Sengupta.

• February 7: A division bench led by Chief Justice T S Sivagnanam of the Calcutta High Court stays the formation of the SIT and restrains the West Bengal Police from continuing their investigation, after the ED appeals against the formation of the SIT.

• February 16 : Petitioner-lawyer Alakh Alok Srivastava files a Public Interest Litigation (PIL) in Supreme Court, requesting the transfer of the investigation into the alleged sexual assaults in Sandeshkhali to the CBI or an SIT. The Apex Court refuses to entertain PIL.

• February 29: Sheikh is arrested in North 24 Parganas district and is implicated in various crimes, including the attack on ED officers and allegations of sexual assault and land grabbing in Sandeshkhali.

• February 29: Sheikh is produced before a local court in Basirhat, which sends him to 10 days in police custody.

• February 29: The Enforcement Directorate writes to Chief Justice T S Sivagnanam, seeking an urgent hearing in the case which stayed the formation of the SIT, fearing the destruction of evidence as Sheikh would be in police custody. The ED requests a hearing on the following Friday.

• February 29: Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharya of the Calcutta High Court deny an urgent listing for Sheikh's regular bail plea.The bench refusing to prioritise Sheikh's bail plea, remarked, "Let him be arrested. For the next 10 years, this person will keep you very busy. You won't have any time for any other brief. 42 cases have been registered against him, he had been absconding as well. You come on Monday. Anything you want you come on Monday, we have got no sympathy for that person.”

• February 29: The Calcutta High Court announces that the PIL, along with a suo motu motion regarding sexual atrocities and land grabbing in Sandeshkhali, will be listed for hearing. The High Court confirms that there shall be no stay on Sheikh’s arrest, urging public notice dissemination about his legal predicaments. The case is scheduled for hearing on March 4.

• March 4: After hearing the arguments from both sides, the High Court decides to reserve its judgment regarding the appeals presented.