Calcutta HC order is against concept of federalism: West Bengal govt tells Supreme Court

New Delhi [India], March 6 : The West Bengal government has filed an appeal in the Supreme Court against the Calcutta High Court order directing a CBI probe in the Sandeshkhali matter pertaining to the attack on ED officials and called the decision by the High Court against the concept of federalism.
Challenging the validity of Calcutta HC's of March 5, division bench order, the West Bengal government also mentioned the way in which the Calcutta High Court passed the order, uploaded it by 3:30 pm and asked the West Bengal government to comply with the directions by 4.30 pm which make it remediless.
"Because the Impugned Order passed by the Division Bench specifically frustrates the Petitioners' right to challenge the same before the top Court under Article 136 of the Constitution, as the Impugned order dated 05.03.2024 was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm, but the directions contained therein required the Petitioner State to comply with such directions by 4.30 pm on 05.03.2024 which effectively curtailed the Petitioners' right to avail its remedy under Article 136 of the Constitution," read the petition filed by West Bengal government.
"Because it is trite law that the provision of appeal as provided in a statute cannot be ousted by a Judicial Order, which has been done in the present case, and which has rendered the State Government. Remediless while negating the concepts of Federalism, where without any material on record, and the basis on surmises and conjectures as well as a media trial being conducted the Division Bench has on its own accord, mixed several issues to pass the Impugned Order, which is factually and legally incorrect," West Bengal government said.
The matter was mentioned before the Supreme Court on Wednesday morning seeking an urgent hearing.
Senior Advocate Abhishek Manu Singhvi said, "Urgency is that they wanted overnight compliance in an interim order." The Bench led by Justice Sanjiv Khanna asked the advocate to move before the Chief Justice of India as he will order the listing of the plea."
Earlier the West Bengal government moved the Supreme Court against the Calcutta High Court order directing a CBI probe into the Sandeshkhali matter, which pertains to the attack on ED officials.
In the appeal filed through advocate Astha Sharma, the West Bengal government said that the High Court has cast unsubstantiated aspersions on the investigation carried out by the State Police without taking into account the correct factual matrix and the steps undertaken by the Petitioner State in diligently conducting the investigation in all the FIRs. "Such observations are unwarranted and are likely to shake the confidence of the public and tarnish the reputation of the Police Force by setting a wrong precedent," the West Bengal government said.
The TMC government said that the High Court order impinges on the federal structure, whereby the State's power to investigate has been taken away but further curtails the right of the state government.
The state government alleged that the HC had conducted a media trial and mixed several issues.
In January this year, ED officials came under attack in the North 24 Parganas district while they were on their way to raid the homes of former Bongaon Municipality chairman Shankar Adhya and Trinamool Congress leader Sheikh Shahjahan in connection with the ration 'scam' case.
Earlier, the Calcutta High Court transferred to the CBI the Sandeshkhali case, which pertains to the attack on ED officials.
After weeks of no action, on February 29 Trinamool Congress (TMC) leader Sheikh Shahjahan was arrested by West Bengal police after which West Bengal's Basirhat Court remanded him to 10-day police custody.
Following Shahjahan's arrest, the opposition Bharatiya Janata Party (BJP) claimed that he had been "put under the hospitality" of the state police in a bid to avoid arrest by the ED and the CBI.
Tension rose in Sandeshkhali after hundreds of women on the island came out on the streets against Shahjahan Sheikh, accusing him of perpetrating sexual abuse and other excesses on them along with his henchmen.