The Calcutta High Court on Wednesday granted leave to the ED to file a contempt petition against the West Bengal government over the state police not handing over custody of suspended TMC leader Shajahan Sheikh to the CBI, despite an order to that effect.

Appearing for the ED, Deputy Solicitor General Dhiraj Trivedi prayed for leave to file the contempt petition and sought an urgent hearing of the matter, claiming that it was losing precious time of Sheikh's custody to the CBI.

The high court had on Tuesday directed the transfer of investigation to the CBI into a mob attack on ED officials when they went to search the premises of Sheikh in Sandeshkhali in North 24 Parganas district on January 5 in connection with a ration scam probe.

A division bench comprising justices Harish Tandon and Hiranmay Bhattacharyya granted leave to the ED to file the petition.

Meanwhile, the West Bengal government on Wednesday sought urgent listing of its plea in the Supreme Court challenging the high court's order to transfer to the CBI the probe into the attack on ED officials.

A division bench presided by Chief Justice T S Sivagnanam had on Tuesday directed the transfer of investigation to the CBI into the mob attack on ED officials, and ordered that Sheikh's custody be handed over to CBI officials by 4.30 pm the same day.

Sleuths of the CBI reportedly waited for over two hours at the CID headquarters in Bhavani Bhawan for Sheikh's custody, but returned empty-handed, after the state agency said the West Bengal government had moved the Supreme Court on the matter on Tuesday evening.

Sheikh was arrested by the West Bengal Police on February 29 in connection with the attack on ED officials, following which the state government handed over the case to the CID.