A division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya stayed the order of single-judge Justice Jay Sengupta who had last month constituted an SIT to investigate into the attack.
The single-judge had ordered that the SIT would comprise officers from the State Police as well as the Central Bureau of Investigation (CBI).
Both the State and the ED had appealed against this order. The ED raised grievance against including State Police officers in the SIT.
The division bench in its order noted that Justice Sengupta had opined that the involvement of the CBI in these cases would be imperative considering the “ineptitude” of the State Police in handling the case owing to the political affiliations of the accused – Shahjahan Sheikh.
“Therefore, the question which needs to be decided in the present appeal is whether the State can be made part of the SIT to probe the incident. The same will have to be decided after hearing all the parties. The State has also preferred an appeal against the impugned order. Let the order for constituting the SIT be stayed till the appeals are decided finally,” the bench ordered.
Source: Barandbench
