High Court's Power Under Art. 226 Can Be Invoked to Transfer Investigation to CBI in Rare Cases of Brazenly Faulty and Biased Investigation to Instill Public Confidence: Calcutta High Court - 2025-07-03

Calcutta High Court Transfers Sandeshkhali Double Murder Probe to CBI, Cites 'Brazenly Faulty and Biased' Investigation

Kolkata: In a significant ruling, the Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to take over the investigation into a 2019 double murder case in Sandeshkhali, citing a "brazenly faulty and biased" probe by the West Bengal Crime Investigation Department (CID). Justice Jay Sengupta , presiding over the single-judge bench, stated that the transfer was an "absolute imperative" to instill public confidence and ensure justice, especially given the involvement of the influential and now-arrested Trinamool Congress leader, Sahajahan Sheikh .

The court transferred the case after the victim's wife, Padma Mondal , filed a writ petition alleging a complete travesty of justice by the state agencies, who she claimed were shielding the prime accused.

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Case Background: A Gruesome Crime and a Flawed Probe

The case originates from a violent incident on June 8, 2019, following the Lok Sabha elections. According to the petitioner, Padma Mondal , her husband Pradip Mondal and another individual, Sukanta Mondal , were brutally murdered by a mob allegedly led by Sahajahan Sheikh and his associate, Firoz Kamal Gazi . The attackers, allegedly belonging to the ruling party, targeted the victims for supporting the Bharatiya Janata Party.

In her complaint, Ms. Mondal provided a chilling eyewitness account, stating that Sahajahan Sheikh shot her husband in the head from behind, causing his eye to pop out. Despite this detailed First Information Report (FIR) naming 25 individuals, including Sheikh , the initial charge sheet filed by the CID on September 11, 2019, inexplicably omitted the names of Sahajahan Sheikh and 27 other FIR-named accused. Instead, it charged four individuals, three of whom were not even named in the original complaint.

Arguments Before the Court

Petitioner's Submissions: The petitioner, represented by senior counsel, argued that the investigation by the state police and later the CID was "tainted and biased," conducted with the "malafide intention" to shield Sahajahan Sheikh and other politically powerful accused. It was highlighted that only after the current writ petition was filed in 2024 did the CID hastily prepare a supplementary charge sheet to include Sheikh and others, an act the court viewed as an attempt to render the petition infructuous. The petitioner asserted that delay in approaching the court should not be a bar to justice, especially given the "ominous presence" of the prime accused in the area until his arrest in early 2024.

State's Submissions: The State of West Bengal argued that the petition should be dismissed due to an inordinate delay of nearly five years. They contended that the petitioner had alternative remedies before the Magistrate's court which were not exhausted. The state claimed that the investigation was ongoing, as permitted under Section 173(8) of the Cr.P.C., and that a supplementary charge sheet, which included Sahajahan Sheikh and others, was ready to be filed. They asserted that this development addressed the petitioner's grievances, making the transfer of investigation unnecessary.

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Court's Rationale for CBI Transfer

Justice Sengupta delivered a scathing indictment of the state's investigation, noting several critical flaws and suspicious circumstances that warranted the intervention of an independent agency.

On Tainted Investigation: The court found the initial omission of the prime accused from the charge sheet to be a "complete travesty of justice." It questioned the stark contradiction between the petitioner's FIR and eyewitness account, and the subsequent statements recorded by the police under Section 161 Cr.P.C., which conveniently excluded the names of the main accused.

"This is a rarest of rare case where in spite of there being ample evidence including the statement of eye witness that the prime accused Sahajahan Sk... had led an attack on the victims and shot one of the victims... the Investigating Agency chose to exclude him even from this list of other suspects not charge-sheeted."

On the Role of State Police: The judgment observed a disturbing pattern where the state police "tend to falter" whenever allegations are leveled against Sahajahan Sheikh , referencing a previous case of mob violence against ED officials that was also transferred to the CBI.

"It appears that whenever allegations are levelled against the said accused Sahajahan Sk, the State police tend to falter... In this, no distinction can be made between the local police... or the CID."

On the Attempt to File a Supplementary Charge Sheet: The court took a dim view of the CID's attempt to file a supplementary charge sheet during the pendency of the writ petition and despite a stay order. This was seen as a reactive measure rather than a proactive step towards justice.

"It was only after such ludicrous outcome of investigation had been pointed out before this Court... that the Investigation Agency, without taking leave of this Court, tried to file a chargesheet against the said accused."

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Final Decision and Implications

Finding that the investigation "had a stench of taint," the court directed the CBI to conduct a "further investigation" into the case. It clarified that this was not a de novo investigation to avoid discarding any untainted evidence already collected.

The court has ordered the state to immediately hand over the case diary and all related materials to the CBI. The central agency is directed to form a Special Investigation Team (SIT) under the supervision of a senior officer of Joint Director rank to probe the matter.

This judgment reinforces the principle that constitutional courts can and will intervene to transfer investigations to independent agencies in exceptional circumstances to uphold the rule of law and protect the fundamental rights of victims, particularly when the state machinery is found to be compromised.