In a significant setback for suspended Trinamool Congress leader Sheikh Shajahan, the Calcutta High Court on Monday dismissed his petition seeking leave to appeal against an earlier order directing a Central Bureau of Investigation (CBI) probe into the alleged murders of three BJP workers in Sandeshkhali.
A division bench comprising Justices Debangsu Basak and Prasenjit Biswas held that an accused has no legal right to select the investigating agency or intervene in the investigative process. The bench affirmed that the high court is not obliged to hear an accused person or include them as a party in writ petitions that seek justice for victims.
The petition was filed against the June 30 order of Justice Jay Sengupta, which handed over the investigation of the triple murder to the CBI. The murders, allegedly involving BJP workers, took place in Sandeshkhali in West Bengal’s North 24 Parganas district. While two bodies were recovered, only body parts of the third victim were reportedly found.
“The direction for a CBI investigation by the High Court is not open to challenge by a prospective suspect or an accused in a criminal case,” the bench stated, while denying Shajahan’s plea for permission to appeal.
The original CBI probe was ordered on a plea filed by the widows of the deceased, who sought an independent investigation amid allegations of political violence and bias.
Justice Sengupta had instructed the CBI to form a Special Investigation Team (SIT) promptly, with oversight from a senior officer of at least joint director rank.
Shajahan is already in judicial custody in connection with another case. He stands accused of orchestrating a mob attack on Enforcement Directorate (ED) officials during a raid on his residence on January 5, 2024, related to an ongoing money laundering investigation.
