HC allows Suvendu visit to Sandeshkhali, says surprising that Shajahan Sheikh not arrested yet

The Calcutta High Court on Tuesday allowed Leader of Opposition in West Bengal Assembly Suvendu Adhikari to visit the restive Sandeshkhali, while observing that it is surprising that TMC leader Shajahan Sheikh has not been arrested by the state police so far.

Sandeshkhali has been witnessing protests over allegations of sexual atrocities on women and land grab by some local Trinamool Congress leaders and Shajahan Sheikh is one of the key accused.

A division bench presided by Chief Justice T S Sivagnanam refused to interfere with a single bench order that allowed Adhikari and another BJP MLA Shankar Ghosh to visit Sandeshkhali on Tuesday.

''It is rather surprising that the person who is said to be the core for the problem being precipitated cannot be apprehended still and is on the run, defying law,'' the division bench said.

Sheikh has been absconding since January 5, when a team of ED officers were assaulted by a mob when they tried to raid his residence in connection with a corruption case.

Stating that the court does not know whether he is being protected or not, the bench said that the fact remains that he has not been secured.

''It could mean that the state police machinery doesn't have the wherewithal to secure him or (he) is outside the jurisdiction of the state police,'' the court observed during the hearing of an appeal by the state government challenging the single bench order, which had also stayed imposition of Section 144 of CrPC in some areas of Sandeshkhali by the administration.

''If one person can hold the entire population to ransom, then that person should not be encouraged by the ruling dispensation,'' the court observed during the hearing.

The division bench said that there is material to show that Shajahan has done damage to the public, instead of doing good as an elected representative in the North 24 Parganas Zilla Parishad.

The court noted that a single bench of Justice Apurba Sinha Roy had on February 12 taken suo motu cognisance of allegations of sexual assault at gunpoint and forcibly taking away tribal land.

The Chief Justice said that treating the suo moto matter initiated by Justice Sinha Roy as a report, he had directed that it be placed before the division bench dealing with PIL matters, which is presided by him.

The division bench said that the court can take judicial notice of the fact that the problem precipitated after ED officials went to search Shajahan Sheikh's premises on January 5.

It noted that the police have not been able to apprehend Shajahan though several cases were registered against him over the attack on ED officers.

The division bench said that if Shajahan continues to be on the run, law and order problems will obviously arise as he has his supporters.

The bench said that in the suo motu matter, Shajahan could be asked to appear before this court.

The Chief Justice said that on the day he will be asked to appear, along with the state, the ED and the CBI will also be directed to be present.

The bench directed that notice be issued to the advocate general representing the state and that the additional solicitor general representing the Centre be informed so that lawyers representing the ED and the CBI are present before the court on the next date of hearing of the suo motu matter.

Directing that the matter will be taken up for hearing on Monday next, the division bench said that appropriate orders will be passed after hearing all the parties.

The court said that establishment of redressal mechanisms by way of setting up camps by the state government, in itself prima facie shows that land grabbing was committed in the area.

''The allegation that the lands owned by the tribal villagers have been forcibly taken away in violation of the legal formalities stands prima facie established,'' the Chief Justice observed.

Without apprehending Shajahan, the imposition of Section 144 of CrPC could not have any impact, the bench said observing that the administration was unnecessarily creating a tense situation.

The West Bengal government on Tuesday moved an appeal before the division bench challenging Monday's order of Justice Kausik Chanda, who had stayed the orders prohibiting assembly of five or more people in Sandeshkhali under Section 144.

Advocate General Kishore Dutta submitted that the members of the SC/ST commission, women's commission and state Governor C V Ananda Bose were not prevented from visiting the place, but when political personalities go, the situation is precipitated.

He submitted that ministers belonging to the ruling party in the state had visited Sandeshkhali I block and not the restive area.

Adhikari's lawyer informed the court that the BJP leader who intended to interact with the alleged victims, was stopped at Dhamakhali ferry ghat on his way to Sandeshkhali on Tuesday morning by the police on the ground that the state was moving the appeal.

Allowing Adhikari and Ghosh to go to Sandeshkhali, the division bench, also comprising Justice Hiranmay Bhattacharyya, directed the BJP leader to ensure that none of the supporters of the party accompany them, except security personnel. The division bench directed the superintendent of police, Basirhat, and the West Bengal government to comply with the orders issued by the single bench.

Justice Chanda on Monday directed the state to deploy adequate number of security personnel to ensure that no untoward incident takes place during Adhikari's visit to Sandeshkhali village in Sandeshkhali block II in North 24 Parganas district.

He had also directed the superintendent of police, Basirhat, to file a report before the court on the next date of hearing regarding the number of registered criminal cases relating to rape and sexual assault within the jurisdiction of Sandeshkhali police station from February one, 2024 till the present date.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)