New Delhi/Kolkata: On the order of the Calcutta High Court, the CBI Tuesday booked suspended Trinamool Congress strongman Sheikh Shahjahan for rioting, unlawful assembly and for obstructing public servants in discharge of duties in connection with the attack on ED officers in Sandeshkhali.
The CBI has filed three FIRs on the basis of the complaints given to the West Bengal Police regarding the 5 January attack that took place at Sandeshkhali and Bongaon in North 24 Parganas district.
A division bench headed by Chief Justice T.S. Sivagnanam ordered the transfer of the cases from the state police to the CBI and also directed the police to hand over the custody of Shahjahan by 4.30 pm.
However, in a dramatic sequence of events, the CBI had to wait for a couple of hours and still returned without getting custody.
ThePrint reported that the Crime Investigation Department (CID) kept a CBI team waiting for almost two hours later, as the state government moved the Supreme Court challenging the high court’s decision.
Shahjahan was arrested 29 February, bringing to an end his nearly two-month run from central agencies. He was sent to 10-day police custody the same day following which the CID took over the investigation and brought him to Kolkata for interrogation.
On Tuesday, the state government was unable to convince the Calcutta HC to hold on with the hearing till the time the apex court takes it up.
In the court, it accepted there was no stay on the 5 March Calcutta HC order of transferring the case to CBI from the top court. The Supreme Court, meanwhile, did not provide immediate relief to the state government.
Action then shifted to the Calcutta HC, where Additional Solicitor General S.V. Raju, one of the counsels for the CBI, contended Wednesday that the CID is illegally detaining Shahjahan.
“If the 15-day (police) custody is over, we will not be able to obtain proper custody (read, get judicial custody) and investigate properly. The delay tactic to get the matter adjourned is only to see that we (CBI) don’t get custody of the accused who is involved in a large number of cases,” Raju contended in the high court.
The high court then set a new deadline of 4.15 pm Wednesday for the handover of Shahjahan, following which the CID handed him to the CBI in the evening.
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‘Attacked with intention to cause death’
In the first of the three FIRs, seen by ThePrint, Shahjahan is named as an accused on the basis of a complaint by a deputy director-level officer of the ED who was part of the search at Shahjahan’s residence.
Shahjahan refused to open the door despite multiple requests by ED officers and later a crowd of nearly 1,000 people attacked ED officers with an intention to kill, reads the complaint to the Basirhat Superintendent of Police.
“These ED officers along with independent witnesses present with the teams were injured and out of nine ED officers in two search teams, three officers at office premises have suffered grievous injuries as the mob marched towards the ED officials with an intention to cause death (with big stones in hand, they attacked the officers on their heads with physical force) and consequently, serious injuries have been caused to them and they a being treated at the Manipal Hospital, Kolkata,” the 5 January complaint says.
“It is submitted that the other officers had to run away from the place of incidence to save their lives as the mob became very violent and even chased the officials with an intention to create a fear of death amongst them and to deter the officials from performing their official duty.”
Notably, the ED sought a case against Shahjahan under sections of IPC dealing with serious offences such as attempt to murder, voluntarily causing hurt to a public servant to deter from performing duties, assault on public servants, dacoity.
In contrast, the police slapped charges of rioting, rioting with deadly weapon, unlawful assembly, wrongful restraint, voluntarily obstructing any public servant in discharge of duties, criminal force to deter public servants from performing duties, voluntarily causing hurt, mischief, theft, criminal intimidation, common intention. Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act was also invoked against Shahjahan.
In its second FIR against unknown accused, the CBI has framed charges on the basis of the complaint lodged by an assistant director level officer of the ED.
Giving details of the attack by a mob of 60 people that happened when an ED team along with CRPF personnel was leaving TMC leader Shankar Adhya’s residence in Bongaon, the officer alleged that the attack was initiated to create fear of death, hurt and wrongful restraint leading to “immense fear” among officers and “terrorise” them.
The mob, the officer added, was instigated by Adhya.
In this case, both the CBI and the police filed FIR against unknown persons for unlawful assembly, rioting with deadly weapons, voluntarily obstructing public servants, threat of injury to public servant, wrongful restraint and confinement, mischief, mischief with the intent to cause death, hurt, wrongful restraint, or fear of death or hurt, using criminal force against public servants and criminal conspiracy.
Adhya, a former Bongaon Municipality chairman, was arrested in January by the ED in connection with the alleged ration scam in West Bengal.
The third case against unknown persons was based on the complaint filed by a sub-inspector level officer who was in charge of the Rajbari police outpost under Nazat police station where raids were carried out by the ED.
The police officer alleged that an ED team did not show identity cards when sought by occupants of Shahjahan’s residence and attempted to break the lock of the door.
This, the officer claimed, provoked local residents, including women, leading to arguments and subsequent scuffle leaving injuries on both sides.
(Edited by Tony Rai)
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