[Sandeshkhali Violence] Sole Cause Of Problem Still Absconding: Calcutta HC Takes Exception To State Police Being Unable To Apprehend Prime Accused Shahjahan Sk

The Calcutta High Court on Tuesday took exception to the involvement of Shahjahan Sheikh, Pradhan of the Zila Parishad, in the violence that has ensued in the Sandeshkhali area in West Bengal, as well as to the inability of the state police to apprehend him for more than 19 days.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was hearing a plea by the State, against orders of coordinate benches of the High Court, which set aside the imposition of section 144 CrPC orders in the area and permitted LoP Suvendu Adhikari, along with another opposition MLA to visit the area and interact with the aggrieved people.While refusing to interfere with the aforesaid orders, the Court admitted the appeals and directed Adhikari and the MLA to visit the area in scrupulous adherence to the High Court's orders, and without any of their supporters.The 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 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 held:The state police are unable to apprehend him in spite of various IPC offences against him as well as after the attack on the ED officials. It is rather surprising that the person who is the core of the problem cannot be apprehended to date and is on the run. Therefore a larger view of the matter has to be taken by the state, especially when the person who appears to be the sole cause of the problem is still absconding.During the hearing, the bench also pointed to a suo moto motion that had been taken up by a single bench regarding the events unfolding in the area. It was noted that the single-judge's motion was treated as a report by the Chief Justice, who has placed it before the bench dealing with public interest litigations for hearing. It orally remarked:We have seen the grievances, the women of the area have flagged several issues, and there has been some land grabbing of tribal people. This person (Shahjahan Sk) 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 the law. 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.The person who's the cause of the problem is on the run. We don't know if he's protected but he is unable to be secured. That could mean that state police are not able to secure him, or he is outside their jurisdiction. Let people speak out. Just because people say something, the accused will not become a convict. even if there are a thousand false claims, but one genuine claim, you have to investigate. If you shut them out, that will not work, the Court added.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.Order and case details to be uploaded shortly.

[Sandeshkhali Violence] Sole Cause Of Problem Still Absconding: Calcutta HC Takes Exception To State Police Being Unable To Apprehend Prime Accused Shahjahan Sk

Srinjoy Das

'He is just a representative of the public. He is bound to do good for 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,' CJ Sivagnanam orally remarked.

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