The Calcutta High Court on February 26 said that Trinamool Congress leader Sheikh Shahjahan should be arrested by the police authorities and clarified that there has been no stay directed on his arrest by the Court.
A division Bench presided by Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya also directed that the said accused, against whom charges of land grab and sexual assault are made should be villagers at Sandeshkhali be impleaded as a party in the writ petition filed before the Court.
“Learned advocates submitted that a wrong impression is being created as if the stay of the arrest of said has been granted. There is nothing on record in any cases which are pending concerning incidents of Sandeshkhali that there is a stay of the arrest. Therefore the said person shall be arrested by the concerned police authorities,” the Bench said.
The Trinamool Congress leadership including general secretary Abhishek Banerjee as well as the State’s Director General of Police Rajeev Kumar had cited the Calcutta High Court order on February 7 as a reason why Sheikh Shahjahan has not been arrested.
Ground Zero | Sandeshkhali violence: Fire and smoke in a West Bengal village
In its order dated February 7, when a division Bench by the Chief Justice had stayed the functioning of an Special Investigation Team (SIT) constituted to investigate cases against Sheikh Shahjahan, the Court had also said that West Bengal State police shall also be restrained from proceeding with the investigation in the cases which have been registered by them.
“We will clarify that there is no stay on arrest. A stay on investigation doesn’t mean a stay on arrest. There is an FIR registered, he is branded as an accused. He will have to be arrested,” the division Bench of Chief Justice said today.
The Bench also directed that since Sheikh Shahjahan is absconding and not traceable despite several criminal cases against him directed the High Court Registry to publish in a Bengali and English daily that he has been made party to the Court.
Taking note of a submission by the Advocate General Kishore Datta that 43 FIRs have been filed in Sandeshkhali out of which chargesheet have been filed .“It is surprising to note that the incidents in that area had been reported to the State Police four years ago and furthermore surprising that it has taken four years for 42 cases to mature into chargesheets. It is not clear as to under what provisions the said chargesheets have been laid. This will be examined at a later stage by this court,“ the Court said in the order.
Shajahan Sheikh to be arrested in seven days: Kunal Ghosh
Senior Trinamool Congress (TMC) leader Kunal Ghosh on February 26 said party strongman Shajahan Sheikh, who has been accused of sexual atrocities and land grabbing in Sandeshkhali in West Bengal, will be arrested in seven days.
The TMC leader’s assertion comes immediately after the Calcutta High Court clarified that there is no stay on the arrest of Mr. Shajahan.
“About the arrest of Sheikh Shajahan, Abhishek Banerjee is correct. The matter was stuck in the legal tangle of the court. The Opposition was doing politics using this opportunity. Thanks to the High Court today for clarifying the matter and allowing the police to take action. Shajahan will be arrested within seven days,” Mr. Ghosh posted on X.
TMC national general secretary Abhishek Banerjee on Feb. 25 claimed that Mr. Shajahan could not be arrested because of legal tangles and stay on FIRs filed by the police.
HC stays proceedings against journalist
In a related development, The Calcutta High Court stayed proceedings against anchor of Bengali television news channel ABP Ananda Suman De in connection with the Sandeshkhali incident. The police had registered an FIR against the journalist for allegedly airing a wrong news for which the journalist had expressed apology on air.
A momentous decision given by HC: Governor
Amid tensions over the Sandeshkhali incident, West Bengal Governor C.V. Ananda Bose on Feb. 26 said that the Governor’s job is to see when the elected government takes action within the rule of law. If that is not done, then the Governor will intervene.
“As we know from the newspaper reports, the police came there, Ministers went there, and petitions were received. From what I understand from the newspapers, more than 800 petitions have been received. The process has started, women have come forward, they have started asserting themselves; and now there will be a change...Generals may not fight, they make others fight. The Governor’s job is to see when the elected government takes action within the rule of law. If that is not done, then the Governor will intervene,” he said.
Terming the decision by the Calcutta High Court Chief Justice on Mr. Shahjahan, as momentous, the Governor added, there is no excuse for not arresting Sheikh Shahjahan and he will be arrested.
“That is a momentous statement or a decision given by the High Court, which means the culprit has to be arrested, there is no excuse for not arresting him, he will be arrested; he should be arrested,” he said.
Also read: Bengal Governor arrives in Sandeshkhali, women allege molestation by Trinamool leaders
The riverine Sandeshkhali area — situated on the borders of the Sundarbans, about 100 kilometres from Kolkata — has been on the boil for more than a month with protests against Mr. Shajahan, who is absconding, and his supporters.
The unrest in the area stems from accusations against Mr. Shajahan and his supporters of land grabbing and sexual assault with the local TMC strongman evading authorities since a mob attack on Enforcement Directorate officials on January 5.
(With inputs from PTI)
