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2024 (3) TMI 409 - HC - Money LaunderingSeeking for transfer of investigation of Case - money laundering case involving public distribution system scam in which a cabinet Minister of the State of West Bengal was arrested - Whether the facts and circumstances in the case on hand would fall within the parameters as mentioned by the Hon ble Supreme Court in STATE OF WB. ORS. VERSUS COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS WB. ORS. 2010 (2) TMI 1118 - SUPREME COURT ? - whether ED was justified in seeking for transfer of the cases to CBI? - whether the State of West Bengal was justified in seeking to set aside the constitution of SIT and allow them to retain the powers to investigate those cases and proceed further? HELD THAT - Merely because ED had not sought for transfer of the predicate offence to CBI would not disentitle them to seek for a transfer of the three cases to an independent agency. It is not in dispute that the case investigated by ED involves a sitting Minister of the West Bengal Government, the person whose premises were to be searched namely, Shahjahan is a very influential person in the ruling party and has been on the run for over 50 days and apprehended only on 29 th February, 2024. Above all, the circumstances under which FIR No. 7 of 2024 which was registered by the Inspector-in-charge, Nazat Police Station is clouded with suspicion for more than one reason. In Paragraph 13 and 14 of the interim order dated 11th January, 2024, the learned Single Bench has recorded a finding that an officer-in-charge who has registered an FIR had signed it at 10 30 A.M. in the morning on the complaint of the security guard of Shahjahan could not have signed another FIR on the same day based on a complaint of a Sub-Inspector of Police (Suo Moto). Therefore, the Court observed that there was a clear inconsistency between the two FIRs which disclose completely different version of the incident and the Court s mind is not free from doubt that FIR No. 7 of 2024 may have been pre-timed based on a procured complaint to show prior FIR on the same day against the officials of ED and therefore, the allegations made by ED cannot be brushed aside. It is no doubt true that the order passed in CRR 164 of 2024 dated 11.01.2024 is only an interim order. The case which has been registered by ED, investigating into the public distribution system scam involves highly politically powerful persons which include the accused Shahjahan. Thus, what is required, is a fair, honest and complete investigation and this alone will retain the public confidence in the impartial working of the State agencies. There are no hesitation to hold that this confidence has been shaken and there can be no better case than the case on hand which requires to be transferred to be investigated by CBI. It is a pitiable state of affairs when we hear the allegation made by ED that they were not even given the copy of the FIR registered based on their complaint in FIR No. 9 of 2024 and they were able to secure a certified copy only after they file the writ petition. The accused who has been apprehended on 29th February, 2024 after being on the run for more than 50 days is not an ordinary citizen. He is an elected representative of the public, holding the highest office in a Zilla Parishad, he was fielded as the candidate at the elections held for the said post by the political party which is ruling dispensation. Thus, it has become imperative and absolutely necessary for doing complete justice and enforcing the fundamental rights of the public in general and the public of the locality that the cases be transferred to the Central Bureau of Investigation for investigation and to proceed further. The order passed by the learned Single Bench constituting the Special Investigating Team is set aside - Petition allowed.
Issues Involved:
1. Transfer of investigation from State Police to CBI. 2. Constitution of Special Investigating Team (SIT). 3. Allegations of bias and inefficiency against State Police. 4. Legal principles for transferring investigation to a central agency. Summary: Issue 1: Transfer of Investigation from State Police to CBI The Enforcement Directorate (ED) sought the transfer of investigations of Case Nos. 9, 8, and 18 of 2024 from the State Police to the Central Bureau of Investigation (CBI). The High Court examined whether the circumstances warranted such a transfer. The court referred to the Supreme Court's decision in State of West Bengal vs. Committee for Protection of Democratic Rights (2010) 3 SCC 571, which outlined that courts could transfer investigations to CBI in exceptional situations to ensure fairness and credibility. The court found that the facts of the case, including the involvement of politically influential persons and the biased conduct of the State Police, justified the transfer to CBI. Issue 2: Constitution of Special Investigating Team (SIT) The Single Bench had constituted an SIT involving both CBI and State Police officers. However, the High Court found this arrangement inappropriate given the demonstrated bias and inefficiency of the State Police. The court highlighted that the SIT's constitution did not align with the need for an independent and unbiased investigation, especially considering the political influence involved. Issue 3: Allegations of Bias and Inefficiency Against State Police The ED contended that the State Police were biased and inefficient in handling the investigation, as evidenced by their failure to arrest a prominent political figure, Shahjahan, promptly and the suspicious circumstances under which FIRs were registered. The High Court noted that the State Police's actions, including the delayed addition of Section 307 IPC and the registration of a suo moto FIR, indicated a lack of impartiality and an attempt to shield the accused. The court emphasized that the State Police's conduct had shaken public confidence in the investigation. Issue 4: Legal Principles for Transferring Investigation to a Central Agency The court reiterated the legal principles for transferring investigations to a central agency, as established in previous Supreme Court judgments. These principles include the involvement of high officials of State authorities, accusations against top officials of the investigating agency, and instances where the investigation is prima facie found to be tainted or biased. The court concluded that the present case met these criteria, warranting the transfer of the investigation to CBI to ensure a fair and impartial process. Conclusion: The High Court allowed the appeals, set aside the constitution of the SIT, and directed the transfer of Case Nos. 8 and 9 of 2024 on the file of Nazat Police Station and Case No. 18 of 2024 on the file of Bongaon Police Station to CBI. The custody of the accused, Shahjahan, was also ordered to be handed over to CBI by 4:30 P.M. on 05.03.2024. The court emphasized the need to restore public confidence in the investigation and ensure justice.
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