There was a high drama at the Bengal Police headquarters at Bhavani Bhavan in South Kolkata when the State Police (read Criminal Investigation Department) refused to comply with the Calcutta High Court by handing over the papers and the prime accused Sandeshkhali Sheikh Shahjahan to the Central Bureau of Investigation in the high-profile Sandeshkhali case.
Though neither the police nor the CBI officials would react officially to the high-voltage drama, sources in the agency said there is a likelihood of them moving a contempt petition in the High Court again on Wednesday.
A three-member CBI team flanked by the Central forces had to return empty handed after the CID refused to transfer the accused to the CBI.
The act of the police may be seen as a contempt of court, advocate Srinjay Sengupta said adding, “If there is no stay expressly given by any higher forum the order of the High Court would prevail and should be complied to… For the police to act in that manner the High Court order had to be stayed by the Apex Court … if such is not the case here then the police are liable to contempt proceedings.”
Earlier on Tuesday, the Bengal Government rushed to the Supreme Court to obtain a stay on the Calcutta High Court order transferring the Sandeshkhali cases to the CBI.
However the State would not get a relief as the apex court directed senior Advocate Abhishek Manu Singhvi representing the Bengal Government to mention the petition before the Registrar General.
This window of time, legal experts said, would provide the CBI the time to get the papers related to the Sandeshkhali case transferred to it from the Bengal Police.
Earlier, the Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya directed the Bengal Police to handover all papers — as well as the custody of prime accused Shahjahan Sheikh — concerning the Sandeshkhali cases to the CBI.
The Sandeshkhali cases include the January 5 attack on the Enforcement Directorate officials when they went to raid the house of Shahjahan in connection with Rs 10,000 crore ration scam and subsequent allegations of land-grab and sexual attack on women.
Shajahan went at large from January 5 and was arrested last week by the State police in connection with Sandeshkhali violence.