Drama Unfolds as CBI Denied Custody of Sandeshkhali Strongman Despite High Court Order

A CBI team that had been waiting for more than two hours to take custody of Sandeshkhali strongman Sheikh Shahjahan—armed with an order from the Calcutta High Court—had to return empty-handed on Tuesday night, setting up a dramatic scene outside the state police headquarters, Bhabani Bhaban.

Chief Justice T.S. Sivagnanam and Justice Hiranmoy Bhattacharya, who make up the division bench of the high court, had earlier in the day ordered the state police to forward all case-related documents to the CBI. They also set a deadline of 4.30 pm for the state police to turn over the now-suspended Trinamul leader to the central agency.

The Bengal administration, however, hurried to the Supreme Court and requested a "immediate stay" on the ruling, allegedly claiming the high court's judicial overreach, an assault on the federal structure of the Constitution, and a lack of time to move the top court.

Senior lawyer Abhishek Manu Singhvi requested an immediate hearing on the subject before a bench of Justices Sanjiv Khanna and Dipankar Datta on behalf of the Bengal government, but the top court instructed him to submit the plea to the registrar-general.

According to CBI sources, the Bhabani Bhaban officials refused to provide Shahjahan's central agency custody by citing the appeal in the supreme court.

A top CBI official said, "We were hoping to get custody of Shahjahan on the basis of the high court order." "After hours of waiting, we were told that Shahjahan could not be given to us because the state had approached the Supreme Court. The officer said, "We will choose our next line of action and update the court on the events of the day.

Senior home department officials claimed they had received a communication from the state's lawyer on record, which suggested Shahjahan may remain in CID custody for the day as a special leave plea had been filed before the Supreme Court contesting the Calcutta High Court judgment.

The Bengal government argued before the Supreme Court through Bengal standing counsel Astha Sharma that it had been conducting a fair and impartial investigation into the allegations of atrocities in Sandeshkhali, but the high court had taken a "erroneous approach" by criticizing the investigation and handing the case over to the CBI.

While the CBI team was waiting for Shahjahan's custody at Bhabani Bhaban, the Sandeshkhali leader's several crore-worth of immovable assets were confiscated by the Enforcement Directorate (ED). Shahjahan is considered one of the primary suspects, according to top authorities in the Enforcement Department's investigation into the money trail about the purported anomalies in Bengal's public distribution system.

After an assault on its squad that morning during a raid on the leader's home in Sarberia, the ED filed a complaint against Shahjahan on January 5.

The state police had engaged in "hide and seek" in order to shield Shahjahan, according to a ruling by the high court on Tuesday.

"The then absconding accused is stated to be a 'strongman' in the locality and has very powerful connections in the ruling party apart from having been elected as a Karmadhaksya of the Zilla Parishad, North 24-Parganas, having been fielded as a candidate of the ruling dispensation," the court judgment read.

"The State Police had played a 'hide and seek' methodology in all probability to shield the accused who undoubtedly is a highly politically influential person who has demonstrably shown that he is and would be in a position to influence the investigation if allowed to rest with the State Police," it continued.

"... A fair, honest and complete investigation and this alone will retain the public confidence in the impartial working of the State agencies," the decree said.