The top court, however, clarified that the observations made by the Calcutta High Court would not affect the trial courts proceedings and future remedies available in the law.
Photo: Supreme Court of India (IANS)
In a setback to the West Bengal government, the Supreme Court on Monday dismissed its plea challenging the Calcutta High Court order handing over to the CBI the investigation into the allegations of land grabbing and sexual assault in Sandeshkhali.
“Why is the state trying to protect somebody?” said a bench of Justice B. R. Gavai and K. V. Viswanathan, while refusing to entertain the West Bengal 0-plea against the High Court order entrusting the probe3 into Sandeshkhali violence to the CBI.
The top court, however, clarified that the observations made by the Calcutta High Court would not affect the trial courts proceedings and future remedies available in the law.
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During the course of the hearing, senior advocate Abhishek Manu Singhvi, appearing for the West Bengal government, told the bench that 42 charge sheets were filed by the state police and women police personnel were deployed over there.
Questioning the High Court’s order directing the CBI probe into these 42 FIRs, Singhvi said that the issue should not be blown out of proportion for political reasons.
After hearing this, the top court asked him, “You don’t act or do anything for months.”
The West Bengal government had on April 26 moved the top court challenging the High Court’s April 10 order directing CBI probe into the allegations of land grabbing and sexual assault in Sandeshkhali.
The West Bengal government in its plea had said that the High Court order was erroneous on the face of it, as the larger issue relating to the case has been investigated by the state police.
“The actions of the State Government in the present matter have been completely overlooked, while the political voices have been given supremacy in a court proceeding, which not only vitiates the matter at hand, but further will lead to biased investigation. The HC heavily relies on the Report of National Commission for Scheduled Tribes and numerous affidavits of alleged victims to pass the directions, whereas the said Report is not conclusive as the State is permitted to file its objections against the Report,” the State government had said in its petition.
“The said directions by the High Court are unwarranted and not sustainable in the eyes of law and should be quashed by the SC,” the petition said.
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