West Bengal State Police’s Investigation Tainted and Biased: Calcutta High Court Orders Transfer of PDS Scam Probe to CBI

In a significant ruling, the Calcutta High Court today ordered the transfer of a high-profile money laundering case, linked to a public distribution system scam, from the West Bengal State Police to the Central Bureau of Investigation (CBI). The Double Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya expressed concerns over the “tainted and biased” investigation conducted by the state police.

The appeals, filed by the Enforcement Directorate (ED) and the State of West Bengal, challenged the formation of a Special Investigating Team (SIT) including CBI and state police officers. The court’s decision centered on the principle that in matters involving high-ranking state officials or tainted investigations, transferring the case to an autonomous agency like the CBI is constitutionally permissible and necessary for unbiased justice.

The ED’s investigation into the PDS scam had implicated several influential political figures. Events escalated on January 5, 2024, when ED’s raid at Sk. Shahjahan’s residence turned violent, leading to multiple FIRs with conflicting narratives. The state police’s alleged failure to arrest Shahjahan, delayed FIR registrations, and exclusion of severe charges raised suspicions of biased investigation, prompting ED to seek a transfer of the case to the CBI.

The court meticulously examined each legal point, citing precedents like the “State of West Bengal v. Committee for Protection of Democratic Rights”. The bench observed significant discrepancies and bias in the state police’s handling of FIRs and their investigation process. Their failure to arrest key accused Shahjahan, despite clear evidence of his involvement and influence, indicated a compromised investigation.

Decision Concluding that the state police investigation was neither objective nor fair, the High Court ruled in favor of transferring the case to the CBI. The court ordered the immediate transfer of accused Sk. Shahjahan’s custody to the CBI, emphasizing the need for a swift and impartial probe.

Date of Decision: March 5, 2024

Enforcement Directorate, Kolkata Zonal Office I vs. State of West Bengal and Others