KOLKATA: Those accused of the Sandeshkhali attack should be arrested if the state wanted justice to be done, Calcutta High Court told the advocate general on Monday. Prime accused Sheikh Shahjahan, who has been in hiding since January 5, also moved the HC to file an appeal.
“Arrest the accused if you want to do justice,” Justice Jay Sengupta said to Kishore Datta while hearing a petition by ED seeking to hand over the investigation to CBI.
The HC’s observations came in the backdrop of advocate Biswaroop Mukherjee, Shahjahan’s counsel, appealing to the court to include his client as a party to the case. Justice Sengupta said: “Why isn’t your client surrendering? You were trying to influence the advocate general. I mistook you as the junior counsel for the state. Why were you trying to stop the advocate general?”
When the AG submitted that four people had already been arrested, Justice Sengupta said: “Why only four… among so many accused? Why is the investigation still in the hands of the Nazat Police when the prime accused is at large for so many days?”
“Why hasn’t Section 307 of the IPC (attempt to murder) been added to the FIR against the accused?” Justice Sengupta added. Dutta submitted that the section had not been included because the injured ED officers had alleged that they were given a “shove and push” by the mob.
Justice Sengupta then pointed to the ED complaint stating that Shahjahan was inside his home when investigators reached his place but they couldn’t get access to the residence. “Did the police enter the house after the incident? Why wasn’t the house sealed after the incident?” the judge said.
Nazat Police came under fire for not bringing the case diary to court. “It is not possible to pass an order in such a case without having a look at the case diary. The case diary will reveal what the police have been doing for all these days. Bring the case diary tomorrow (Tuesday),” Justice Sengupta observed.
ED counsel S V Raju submitted to the court that investigators got the names of Shahjahan and Shankar Adhya (former Bongaon municipality chairman, now in custody) from former food minister Jyoti Priya Mallick while investigating the alleged ration scam. ED officers went to places connected to the duo accordingly.
The ED counsel added that cops had lodged an FIR against the officers who had been assaulted. Raju also submitted that complaints on the ration scam had been lodged in several police stations across the state prior to ED beginning its probe, but police were not sharing these.
“Arrest the accused if you want to do justice,” Justice Jay Sengupta said to Kishore Datta while hearing a petition by ED seeking to hand over the investigation to CBI.
The HC’s observations came in the backdrop of advocate Biswaroop Mukherjee, Shahjahan’s counsel, appealing to the court to include his client as a party to the case. Justice Sengupta said: “Why isn’t your client surrendering? You were trying to influence the advocate general. I mistook you as the junior counsel for the state. Why were you trying to stop the advocate general?”
When the AG submitted that four people had already been arrested, Justice Sengupta said: “Why only four… among so many accused? Why is the investigation still in the hands of the Nazat Police when the prime accused is at large for so many days?”
“Why hasn’t Section 307 of the IPC (attempt to murder) been added to the FIR against the accused?” Justice Sengupta added. Dutta submitted that the section had not been included because the injured ED officers had alleged that they were given a “shove and push” by the mob.
Justice Sengupta then pointed to the ED complaint stating that Shahjahan was inside his home when investigators reached his place but they couldn’t get access to the residence. “Did the police enter the house after the incident? Why wasn’t the house sealed after the incident?” the judge said.
Nazat Police came under fire for not bringing the case diary to court. “It is not possible to pass an order in such a case without having a look at the case diary. The case diary will reveal what the police have been doing for all these days. Bring the case diary tomorrow (Tuesday),” Justice Sengupta observed.
ED counsel S V Raju submitted to the court that investigators got the names of Shahjahan and Shankar Adhya (former Bongaon municipality chairman, now in custody) from former food minister Jyoti Priya Mallick while investigating the alleged ration scam. ED officers went to places connected to the duo accordingly.
The ED counsel added that cops had lodged an FIR against the officers who had been assaulted. Raju also submitted that complaints on the ration scam had been lodged in several police stations across the state prior to ED beginning its probe, but police were not sharing these.
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