A Division Bench of the Calcutta High Court on Wednesday, made it amply clear that any investigating agency, whether under the state or Union government, was empowered to arrest absconding Trinamool Congress leader Sheikh Shahjahan.
Shahjahan is the accused mastermind in the January 5 attack on ED and CAPF sleuths in Sandeshkhali in West Bengal’s North 24 Parganas District.
The court made the statement during the hearing on a matter relating to the arrest of the ruling party leader, at the Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya.
The Chief Justice made it clear that although there is a stay on the formation of a joint investigation team of the West Bengal Police and the CBI to probe the attack on ED and CAPF sleuths, there is no restriction on arresting Shahjahan.
Without naming anyone, the Chief Justice also referred to the recent public observation made by a section of Trinamool Congress representatives and ministers that the state police are unable to arrest Shahjahan because of a stay on it by the Calcutta High Court.
“Some are claiming that the court is protecting the accused. The state police cannot shy away from responsibility as the arrest could not be made even after so many FIRs filed against him in the last few years,” the Chief Justice observed.
During the hearing, the ED’s counsel Dhiraj Trivedi argued that in case the state police arrest Shahjahan, it would be difficult for the ED to get his remand at a later stage and hence he was asking for an independent CBI probe into the matter.
Thereafter, the Chief Justice again observed that both, the state police and the central agencies, were empowered to arrest Shahjahan.
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