SC: Why should West Bengal be petitioner to protect pvt individuals’ interest?

Tribune News Service

New Delhi, April 29

As the West Bengal government challenges the Calcutta High Court’s order for a CBI probe into the Sandeshkhali violence, the Supreme Court on Monday wondered why the state government should petition it to protect the interests of some private individuals.

Shajahan in custody till May 13

• A special PMLA court has extended the judicial custody of the now-suspended Trinamool Congress leader, Shajahan Sheikh, till May 13 in connection with a case regarding “siphoning” of cash in the garb of pisciculture business.
• The ED arrested him on March 30 in connection with a mob assault on agency’s officials during a search of his premises in Sandeshkhali, West Bengal, on January 5.

“Why should the state come in as a petitioner for protecting the interest of some private individuals?” a Bench led by Justice BR Gavai asked while hearing the petition challenging the April 10 Calcutta High Court order for a CBI probe into allegations of land grab and crimes against women in Sandeshkhali.

“There are comments about the state government and that is unfair because the state government has taken full action…I (state) am aggrieved, therefore, I am before your lordships,” senior counsel Abhishek Manu Singhvi, who represented the West Bengal government, told the Bench.

“The order is only to investigate the allegations of land grabbing...,” the Bench said.

“There is much to be said,” Singhvi replied.

One can understand if the accused are aggrieved by the high court order, but how can the state be aggrieved, Solicitor General Tushar Mehta asked.

Noting that the state government could approach the high court for expunging the adverse remarks, the Bench posted the matter for hearing in July even as it said pendency of the petition should not be used as a ground for any purposes. “The atmosphere will be conducive after July,” it said.

At the very outset, Singhvi urged the Bench to take up the matter after a couple of weeks because the state government had certain very important information to file. “This is an appeal where findings have been given. These findings need to be challenged,” he said.

Solicitor General Tushar Mehta submitted that the pendency of this petition should not be used anywhere else.”How can I use the pendency? I have filed an SLP (special leave petition),” Singhvi said.

If the other side filed a contempt plea, the state might tell the HC that the Supreme Court was seized of the matter, the Bench noted.

“We will clarify that the matter is adjourned at your instance. So pendency of this SLP would not be a ground for prolonging the proceedings before the high court,” the Bench clarified.

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#Central Bureau of Investigation CBI #Supreme Court #West Bengal