The Calcutta High Court made it clear that it had not issued an order to stop or halt Sheikh Shahjahan, the leader of the Trinamool Congress, from being arrested. Shahjahan is accused of stealing land and assaulting women in Sandeshkhali. The Court merely stayed a single judge’s order to form a special investigation team to look into claims that Enforcement Directorate officers were attacked while attempting to conduct raids at Shahjahan’s residence last month, as explained by a division bench made up of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya.
“We will make it clear that the arrest is not under stay. A stay of inquiry does not equate to an arrest. He is labelled as an accused, and a FIR has been filed. The Court declared today that “he will have to be arrested.” The court was deliberating a suo motu case that was brought up because of media reports alleging that TMC members had sexually abused multiple women in Sandeshkhali and that tribal lands were being grabbed by force. Declaring that Shahjahan’s detention is not prohibited by any court order, the court also entered the TMC leader’s plea as a party to the case.
“But since he isn’t traceable now, we will direct Registry to issue public notice in Bengali and English newspapers, generating wide publicity in the district,” the court stated. The Court clarified its position today in response to a report from the amicus curiae, or court-assisting lawyer, alerting the bench to reports on TV that Shahjahan was not being arrested because of a court-issued stay.
“Please clarify if there is a stay; otherwise, a wrong message is being sent,” the amicus brief stated. Attorney General Kishore Datta emphasised that a single court heard three cases involving assaults on ED officers and then established a Special Investigation Team (SIT) to look into the incidents. It was sought to have Shahjahan arrested in those cases.
A further appeal was made against the decree that formed the SIT. Today, the Court stated that Shahjahan’s arrest had not been postponed in response to this appeal against the single-judge’s judgement; rather, the SIT composition had been halted.
The Court also critically noted during today’s hearing that the problems currently being brought up in Sandeshkhali had been “boiling” for about four years. “It is astonishing that 42 cases have taken four years to develop into chargesheets, and it is even more astonishing that the incidents in that region were reported to the State Police four years ago. What provisions the aforementioned chargesheets have been laid under is unclear. This will be looked at by this court later,” the court continued to record.
The Court further stated that, at this time, it was not inclined to allow the amicus to visit the region. “A visit like this could not be auspicious right now and will be taken into account subsequently,” the Court declared. The bench clarified that allowing tourists to visit the area needlessly and overburdening the residents would cause more harm than good.
“People there are agitated already. Everyone who goes and returns for a television interview. Do you become a hero for this? Don’t do each of these things. Allow the law to work itself out. These individuals who frequent the sites frequently could have both positive and doubly negative effects. These individuals are impoverished and lack such exposure. The Chief Justice said, “They can’t express themselves properly.”
The Court had said that TMC leader Sheikh Shahjahan was the “sole cause” of the situation in Sandeshkhali on February 20, during the hearing of a related case. The Court also criticised the state police for not apprehending Shahjahan. On the other hand, the state has insisted that it is not endorsing the TMC leader who was escaping.
Shahjahan is believed to be close to Jyotipriyo Mallick, a State Minister for Forests at the moment, who was allegedly arrested in October of last year in relation to the ration distribution scandal. About 200 locals are reported to have encircled and gheraoed ED officers on January 5 of this year when they arrived to raid Shahjahan’s Akunjipara home in relation to the ration scam case. The resulting altercation resulted in injuries to ED officers. Following this incident, Shahjahan’s arrest was later demanded by West Bengal Governor CV Ananda Bose. Reports state that the TMC leader is now evading capture.
