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CBI took Shahjahan, recently suspended from Trinamool, to its regional headquarters at Kolkata’s Nizam Palace under CRPF escort, capping a jurisdictional and legal battle that saw all three agencies involved — including CID and ED — approach the courts.
Responding to Bengal advocate general’s request to postpone hearing ED’s contempt plea in HC against govt on the ground that a special leave petition was pending in SC, Justice Harish Tandon said, “There is no reason for keeping the order (giving CBI Shahjahan’s custody) in suspended animation. The order is binding on the parties.”
Startling facts revealed: Calcutta HC on CID dodging order
Justice Tandon said, “It does not absolve a party of the charge of violating court order or postponing its implementation in the garb of challenging the order in a higher court.” The day had started with ED, whose probe into Shahjahan’s allegedly shady dealings turned Sandeshkhali into Bengal’s latest political flashpoint, seeking an urgent hearing of its contempt plea against Bengal chief secretary B P Gopalika, home secretary Nandini Chakraborty, DGP Rajeev Kumar, ADG (CID) R Rajasekaran, among others.
Additional solicitor general S V Raju said before the HC bench of Justices Harish Tandon and Hiranmay Bhattacharyya that the state had been trying to frustrate the investigation into the Sandeshkhali case.
“The accused was arrested on Feb 29 and CID took him into custody. The state is now urging the court to wait till Thursday, knowing that the SC is closed on Friday, Saturday and Sunday. The purpose is to deny custodial interrogation of the accused by CBI.”
On CID bypassing Tuesday’s order by a division bench, Justice Tandon said, “Startling facts have been revealed on the role of CID…The (division) bench also pointed to the hide-and-seek methodology adopted by police (when Shahjahan was absconding for 55 days).”
ED’s contempt plea pertains to CBI not getting custody of Shahjahan by 4.30pm Tuesday, as ordered by a bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya.
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“We do not find any fetter or impediment on our part in not directing the implementation of the said order in a pending contempt application despite the fact that a special leave petition is pending before SC. Furthermore, the fact remains there is no interim order of stay of the operation of the said order passed as of this time,” the bench of Justices Tandon and Bhattacharyya said.
CBI said its officers reached CID’s Bhawani Bhawan headquarters in Kolkata at the time fixed by HC, but didn’t get Shahjahan’s custody. CID chose to wait for the outcome of the plea pending in SC, it said.
Apprehending that CID would again stall the handover, ED approached the court a second time after 4.30pm. Around 5pm, CID took Shahjahan to SSKM Hospital for a medical check-up and then handed him over to CBI.
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