The Calcutta high court on Wednesday ordered formation of a joint special investigation team of Central Bureau of Investigation and the West Bengal police to probe an attack on Enforcement Directorate officials at Sandeshkhali when they went to search the premises of Trinamool Congress leader Shajahan Sheikh on January 5.
Justice Jay Sengupta directed that the probe will be monitored by the court and the SIT will file a progress report of the investigation on February 12, the next date of hearing in the case.
The agency's counsel had prayed for transfer of the investigation into the attack to the CBI, claiming that the central agency does not have faith in a probe being done by the West Bengal police.
One SP rank officer of CBI, the name of whom the agency was directed to give to the court by Thursday, and Jaspreet Singh, SP of Islampur police district will jointly head the SIT, Justice Sengupta said.
ED officials went to search the premises of Shajahan, including his residence and office, at Sandeshkhali in North 24 Parganas district in connection with their probe into the money trail in a ration distribution scam case in West Bengal, when the central agency's officials and accompanying CRPF personnel were attacked by a mob.
According to a suo motu FIR lodged by Nazat police station, within the area of which the premises of Shajahan is situated and the attack on the ED officials took place, around 3,000 people had gathered when the central agency went for the search operation.
It stated that the local police managed to get the ED officials and the accompanying CRPF personnel safe passage from the area after they were attacked.
Justice Sengupta directed that the two officers will have the liberty to take assistance from central forces or the state police for apprehending the accused persons.
He directed that the two SPs of the CBI and the state police induct an equal number of officers from their respective services to conduct the investigation.
The court directed that no officer of Nazat police station will be a part of the investigation.
Justice Sengupta said the ED's prayer for a single agency, the CBI, to probe the attack was not being allowed at this stage and could be considered later based on how the investigation progresses.
The ED has stated that three of its officers were injured and their belongings were "looted" in an attack on them at Sandeshkhali.
The ED told the court that its officials could not enter the house of Shajahan as they were attacked by a huge mob.
The judge directed that police picket and CCTV cameras which have been installed around the house of Sheikh will remain operational till decided otherwise by the SIT.
State's Advocate General Kishore Dutta informed the court that 10 CCTV cameras were installed at the site.
He stated that the local police were yet to trace Sheikh.
Additional Solicitor General S V Raju had on Tuesday submitted that despite public servants on duty having been grievously assaulted, only milder sections of the IPC were instituted in the suo motu FIR filed by the police.
He stated that since the ED officials have complained that their laptops, mobile phones and purses were "looted" during the mob attack, a cognisable offence of dacoity is made out, but such a section of IPC was not given in the FIR.
Raju stated that the ED's probe into the money trail in the alleged ration distribution scam in the state, in which it has arrested West Bengal minister Jyoti Priya Mallick, has led the agency to Shajahan, which is why they went to search his premises at Sandeshkhali.
Three FIRs were registered on January 5 in connection with the incident.
The first FIR was lodged by Didar Baksh Molla who claimed to be a caretaker of Shajahan's house, at 10.30 am, a second FIR was filed suo motu by the Nazat police on the incident on the basis of a general diary by a sub-inspector of the police station at 1.30 pm and the third was by the ED at around 8.10 pm.
Another bench had on January 11 granted interim protection to the ED officials in connection with the FIR lodged against them by Didar Baksh Molla.
Justice Rajasekhar Mantha had ordered an interim stay on further proceedings by the state police on the FIR against the ED officials till March 31.
Molla accused the ED officials of theft, outraging modesty and beating up women and children when they went to search Sheikh's house on January 5.
The ED had moved the high court against this FIR, claiming that false allegations were foisted on them.
Holding that anyone could have lost his life in the mob attack, Justice Sengupta observed that the "CRPF personnel exercised restraint in not escalating the situation."
In observations in the detailed order uploaded in the server, the court said if the ED personnel could not enter the said premises, the question of stealing or molesting women would not arise.
While noting that the issue of quashing of proceedings in the FIR filed by Didar Baksh is pending before another bench, the court said the very registration of such an FIR, casts a serious shadow of doubt on the impartiality of the officers of Nazat police station.
"It is indeed quite astounding, to say the least, that the state police are having no information on the whereabouts of a prominent political leader of the locality like accused Sajahan Sheikh and are unable to arrest him," the court observed.
The court observed that a pan-India organisation like the CBI would also be able to deal better with inter-state or inter-country measures if it becomes necessary to undertake the same.
Justice Sengupta said the state has a constitutional obligation to "uphold the rule of law and not permit any form of anarchy or mobocracy."
The court, however, said on the other hand, it is also no less surprising that the ED, which was praying for investigation of the case of mob violence by the CBI, had not prayed for transfer of investigation of cases involving the predicate offences in the alleged ration scam from the state police to the CBI.
No report in final form will be filed without the leave of this court, Justice Sengupta directed.
