Sandeshkhali Case: 'Why Should State Come To Protect Private Individual?' Supreme Court Asks West Bengal Govt On Plea Against CBI Probe

The Supreme Court on Monday (April 29) adjourned until July 2024 a Special Leave Petition, filed by the State of West Bengal against the Calcutta High Court's judgment, directing the CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali.The matter was adjourned after the Senior Advocate, Manu Singhvi, who appeared for the state, requested the court to take up the matter after a couple of weeks. He submitted that there is some very important information that could not be collected to be filed with the present SLP.Though the Bench expressed reservations about adjourning the matter, the Court acceded to his request after recording his statement that “the pendency of this petition will not be used as a ground for any purposes.” After the pronouncement of the order, Justice Gavai could be heard saying, “Why should the State come as a petitioner for protecting the interest of some private (individual)?” It may be noted that Shajahan Sheikh, a now-suspended member of the Trinamool Congress, is the main accused in the case.Following this, Senior Advocate Jaideep Gupta submitted that there are comments about the State government. Elaborating, he said that it is unfair because the State government has taken full action.The order passed by the Court read as follows: “The learned senior counsel for the petitioner seeks an adjournment after one week. The matter is adjourned after vacation. We, however, record the statement of Mr. Singhvi that the pendency of this petition will not be used as a ground for any purposes.” It may be recalled that the Calcutta High Court had taken a suo moto cognizance of newspaper reports on alleged sexual harassment of women living in Sandeshkhali, West Bengal, and tribal lands that had been forcibly taken over. Allegedly, these instances took place under the watch of former Pradhan Shahjahan Sheikh and his workers. This was preceded by the assault on the ED officers allegedly by followers of Sheikh. The Court had transferred the probe regarding this attack on the ED officers to the CBI. The same was affirmed by the Supreme Court as well. Now, through this judgment, the High Court has directed the CBI to investigate the alleged atrocities that have taken place in Sandeshkali. The Court has underscored the need for an impartial investigation. “Therefore, this court is of the considered opinion that it is necessary in the interest of justice and fair play and for expeditious consideration of the various complaints and allegations an impartial enquiry is required to be conducted. The state has to provide the required support to the said agency to be appointed by us to enquire into the matter.,” the Court noted. One of the reasons provided by the High Court was that the CBI is already in seisin over the investigation in respect of an incident that very recently took place at Sandeshkahli. The Court added that the parties will be at liberty to file their complaints before the CBI within a period of a fortnight. Notably, the Court further took judicial notice of the fact that the State had set up a commission for returning the lands of those whose lands were grabbed and stated that the State had a duty to compensate the victims as well since it had accepted the stance that land was indeed grabbed. “The rightful land owner from whom the land has been grabbed is not only entitled to the possession being restored to him but the nature and character of the land as it existed prior to the same being grabbed has to be restored. When such large-scale land grabbing is reported undoubtedly the State being a welfare state has to pitch him and do the needful for the rightful land owners and not point a finger to the accused by stating that it is the accused who has to do remedial measures.,” the Court noted. The Court also ordered that it will monitor the entire investigation and shall pass further orders after the reports, as directed above, are filed by CBI. The Court also passed other directions, such as the installation of CCTVs in the relevant and sensitive places in the Sandeshkhali area. “The State shall sanction necessary funds and the work shall be completed on priority basis within 15 days from date, waiving formalities such as tender process etc.,” the Court clarified. It may also be noted that Sheikh is a prime accused in almost 42 criminal cases arising out of Sandeshkhali. This eventually led to his arrest by the State Police after a prolonged period of absconding. He has been described by the court as a 'strongman' with significant political influence, was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, and had ties to the ruling party. During the hearing, the High Court expressed concern over the State Police's "hide and seek" tactics and the need for an impartial inquiry into the public distribution system scam, of which Sheikh is a key figure. Case Title: THE STATE ...

Sandeshkhali Case: 'Why Should State Come To Protect Private Individual?' Supreme Court Asks West Bengal Govt On Plea Against CBI Probe

Gyanvi Khanna

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