[Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police

The Calcutta High Court on Monday took up a suo moto matter, registered by a single bench on the alleged atrocities which have taken place in Sandeshkali, West Bengal, which included women being allegedly raped at gun-point and tribal land being grabbed by members of the ruling dispensation, including Pradhan of the Zila Parishad, Shahjahan Sheikh. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was hearing the plea.The bench impleaded the various authorities, including the State, CBI & ED, as well as Sheikh himself as party respondents in the matter. Further, it also directed the Registry to issue a public notice in the newspapers regarding Sheikh being impleaded as a respondent in the matter due to him being on the run.Court also clarified that there was no order staying Sheikh's arrest and that the police would need to apprehend him in the criminal cases registered against him."The advocates submitted that a wrong impression has been created that a stay order on the arrest of the person has been granted. There is nothing on record staying the arrest and therefore the said person shall be arrested by the police authorities. It is surprising that the cases were registered four years ago, and it has taken four years for these to mature into chargesheets" it stated.During the hearing, Advocate Priyanka Tibrewal submitted that the women of the area were not confident in approaching the police due to their involvement with the accused, and the Court suggested that their complaints could be registered by the District Legal Services Authority (DLSA).Further, on the allegation that the ruling dispensation's ministers were visiting the area although Section 144 CrPC had been imposed, the Court observed that conditional exception was only made for two persons- in a plea moved by BJP's Suvendu Adhikari to visit the area and that such an order should not be taken undue advantage of. People can't be walking in all the time and expressing their sorrow. People are already agitated, what is the fun of hundreds of people visiting? Does it make him a hero. Let law takes its course, all the time people going there may have an unpredictable effort. Those people are not exposed to city life, the Court orally remarked.The amicus curiae has also been allowed to furnish a report on the information gathered regarding events in the area.BackgroundThe issues in Sandeshkhali began when a team of ED officials investigating the multi-crore ration scam were attacked when they were en route to conduct a raid on the residence of Sk Shahjahan.The court in its earlier order took judicial notice of the fact that the problem stood precipitated after the ED conducted a search operation on the premises of Sk Shahjahan. It noted that the sole cause of the problem was absconding and untraceable.Notably, the Court had earlier refused urgent listing for a plea which claimed to be for the 'protection' of women affected by the alleged violence in Sandeshkhali.Case: Court On Its Own Motion vs State of West Bengal

[Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police

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[Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police

Srinjoy Das

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