A bench of Justices BR Gavai and Sandeep Mehta, nevertheless, ordered expunging sure remarks and observations made towards the state authorities and the police within the March 5 order of the excessive court docket.
The Supreme Court on Monday dismissed the West Bengal authorities’s plea difficult a Calcutta High Court order for transferring to the CBI the probe into the January 5 assault on an Enforcement Directorate (ED) staff in Sandeshkhali.
A bench of Justices BR Gavai and Sandeep Mehta, nevertheless, ordered expunging sure remarks and observations made towards the state authorities and the police within the March 5 order of the excessive court docket.
The bench famous the submission of Additional Solicitor General SV Raju that he has no objection to expunction of the remarks if the ultimate order transferring the probe to CBI stays as it’s.
During the listening to, the bench posed a number of questions to senior advocate Jaideep Gupta, representing the West Bengal police, as to why suspended TMC chief Shahjahan Sheikh was not promptly arrested after the January 5 assault and why was there a delay within the investigation of the case.
Raju contended if the investigation was not handed over to the CBI, the probe by the state police will probably be a farce.
On March 6, the West Bengal authorities had approached the highest court docket looking for pressing itemizing of its petition difficult the excessive court docket order, however failed to elicit immediate reduction.
The state authorities, in its plea earlier than the apex court docket, dubbed the excessive court docket order as perverse, unlawful, and arbitrary which deserves to be put aside.
“It is most respectfully submitted that the Impugned Order was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm (approx.), but the directions contained therein required the Petitioner/State Govt. To comply with such directions by 4.30 pm on the self same day i.E. March 5, 2024 which effectively frustrated the Petitioner’s right to avail its remedy under Article 136 of the Constitution.
“In reality, the Advocate General showing for the Petitioner State orally prayed looking for keep on the operation of the Impugned Order for 3 days to avail such authorized treatment however the Division Bench not solely rejected such prayer however refused to file the identical within the Impugned Order,” the state authorities mentioned.
(Except for the headline, this story has not been edited by DNA workers and is revealed from PTI)
