The Calcutta High Court on Tuesday said that it will ask Trinamool Congress strongman Sheikh Shahjahan, accused of involvement in incidents of land grabbing and misconduct against women in West Bengal’s Sandeshkhali, to appear before the court and surrender.

In some scathing observations on the conduct of the state government with respect to the absconding MLA, Chief Justice TS Sivagnanam said that Shahjahan cannot continue to be on the run and the state cannot support it.

“We have seen the grievances, the women of the area have flagged issues, there has been some land grabbing. This person (Sheikh Shahjahan) cannot be on the run. The state cannot support it. In the suo moto matter, we’ll ask him to surrender here. He can’t be defying law. Let all of you be here on that day. The state police, CBI, ED etc.,” the Chief Justice noted.

The Chief Justice further noted that there is prima facie material to show that the absconding legislator has “done damage to the public”, contrary to his duty as a public representative.

“If one person can hold the entire population to ransom, the ruling dispensation should not support him. He is just a representative of the public. He is bound to do good to the public. There is prima facie material to show he has done damage to the public. He is on the run after committing alleged crimes. That could mean that state police are not able to secure him, or he is outside their jurisdiction,” the court further observed, adding that in such a case, the Section 144 order imposed by the administration was of no consequence. “You are just creating a tense situation.”

The observations of the Chief Justice came while hearing a plea filed by West Bengal challenging the order of a single judge bench that allowed BJP leader and Leader of Opposition in the state Assembly, Suvendu Adhikari, to visit Sandeshkhali. The court had on Monday also revoked the restrictions imposed under Section 144 of the CrPC.

Rejecting the submissions of the state government, the Chief Justice said that he found the order issued by the single judge as “reasoned and discretionary”.

“The LoP and MLA were allowed to visit Sandeshkhaki by the single bench, with the imposition of certain conditions which appear to be stringent. We cannot stay the single bench’s order since it is a reasoned and discretionary order,” the court noted while setting aside the fresh Section 144 order of the district administration in Sandeshkhali.

The Chief Justice’s order came after Adhikari was barred from entering Sandeshkhali despite the HC’s order a day earlier. Fresh prohibitory orders were clamped by the district administration after the single judge order of the HC set it aside. Adhikari was, however, allowed to visit Sandeshkhali following the court hearing today. BJP MLA Shankar Ghosh was also allowed to accompany Suvendu. Both leaders were allowed to visit the area on an undertaking that they would not disturb peace and order in the area.

(With inputs from Live Law)