Sandeshkali row: Calcutta HC orders arrest of TMC leader Shahjahan Sheikh, clarifies ‘no stay on arrest’

The Calcutta High Court on Monday ordered the arrest of Trinamool Congress leader Sheikh Shahjahan, accused of sexual assault and land grab by many women in West Bengal’s Sandeshkali.

A division bench, consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, clarified that the court had merely stayed a single judge’s order to form a special investigation team (SIT) to probe allegations of an attack on Enforcement Directorate (ED) officers during raids at Shahjahan’s residence last month.

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“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 court said, according to Bar and Bench.

During the proceedings, the court also addressed the billing issue in Sandeshkhali. The judges took critical note that the issues highlighted in Sandeshkhali had been “boiling” for about four years.

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“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 recorded in its order.

Furthermore the bench added various authorities, including the State, CBI, and ED, along with Sheikh himself, as party respondents in the case. Additionally, it instructed the Registry to publish a public notice in newspapers about Sheikh’s inclusion as a respondent in the matter, noting his fugitive status, as quotted by Live and Law.

Also Read:Enforcement Directorate files fresh case against TMC’s Sheikh Shahjahan amid Sandeshkhali unrest

Amid escalating tensions around the Sandeshkhali case, West Bengal Governor CV Ananda Bose stated on Monday that the Governor’s role is to observe when the elected government takes lawful action. If the government fails to do so, 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.

Referring to the Calcutta High Court Chief Justice’s decision on Sheikh Shahjahan as significant, the Governor added that there is no excuse for not arresting Sheikh Shahjahan.

In the Sandeshkhali violence, a poultry farm, houses, and offices were vandalised and set on fire. CPIM’s ex-MLA Nirapada Sardar and BJP leader Vikas Singh were arrested in the suo moto case filed by the police.

Sandeshkhali has been in the midst of a turmoil for days as some women sought justice against alleged atrocities committed by TMC leader Sheikh Shahjahan and his aides.

A significant number of women in Sandeshkhali have accused Trinamool Congress strongman Shajahan Sheikh and his supporters of “land-grab and sexual assault” under coercion. Shahjahan continues to evade arrest, with both state police and central agencies unable to trace him.