New Delhi, March 11 The Supreme Court on Monday dismissed the plea filed by the West Bengal government challenging the Calcutta High Court order directing a Central Bureau of Investigation probe into the attack on the Enforcement Directorate and central paramilitary force teams at Sandeshkhali in North 24 Parganas district on January 5.
However, a bench, headed by Justice B.R. Gavai, expunged the adverse observations made against the state government and the state police in the impugned judgment of the high court.
"Learned Additional Solicitor General (ASG) S.V. Raju fairly states that the respondent (central agency) is not interested in maintaining those observations. He submits that if those observations are expunged, he has no objection. We are therefore not inclined to entertain the petition (filed by the state government)... However, the observations made in impugned order with regard to the conduct of police and state government shall be deemed to be expunged," said the Bench, also comprising Justice Sandeep Mehta.
In an order on March 5, the Calcutta High Court had ordered an independent CBI probe and directed the West Bengal Police to hand over the accused mastermind behind the attack, Sheikh Shahjahan, from the custody of the CID to the CBI on the same day.
Against this, the state government filed a Special Leave Petition (SLP) before the top court saying that the Calcutta High Court order to transfer the probe to the CBI was passed in a cursory manner and frustrates its right to avail remedy available under the law.
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