Sandeshkhali: Sheikh Shahjahan has to be arrested; there is no stay on arrest, clarifies Calcutta High Court

The Calcutta High Court on Monday clarified that it had not passed any order to stay or prevent the arrest of Trinamool Congress (TMC) leader Sheikh Shahjahan who is facing allegations of land grabbing and sexual assault of women in Sandeshkhali..A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya clarified that the Court had only stayed a single judge's order to constitute a special investigation team (SIT) to probe allegations that Enforcement Directorate (ED) officers were attacked while trying to conduct raids at Shahjahan's residence last month.."We will clarify that there is no stay on arrest. A stay on investigation doesn't mean stay on arrest. There is an FIR registered, he is branded as an accused. He will have to be arrested," the Court said today..The bench was hearing a suo motu case initiated in view of media reports that several women in Sandeshkhali were subjected to sexual abuse by TMC members and that the lands of tribals were being forcibly taken away.Having clarified that there is no court order preventing Shahjahan's arrest, the Court also impleaded the TMC leader as a party in the matter."But since he isn't traceable now, we will direct Registry to issue public notice in Bengali and English newspapers, having wide publicity in the district," the Court added..The clarification today was issued by the Court after the amicus curiae (lawyer assisting the Court) informed the bench that TV channels were reporting that Shahjahan was not being arrested due to a stay by the Court. "Please clarify if there is a stay otherwise a wrong message is being sent," the amicus said.Advocate General Kishore Datta highlighted that three matters related to attacks on ED officers were moved before a single-judge who then formed an SIT to probe the matter. In those matters, Shahjahan was sought to be arrested.An appeal was subsequently filed against the order constituting the SIT. The Court today clarified that after this appeal against the single-judge's order, it had only stayed the SIT constitution and not Shahjahan's arrest..During today's hearing, the Court also took critical note that the issues now highlighted in Sandeshkhali had been "boiling" for around four years. "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 proceeded to record in its order. .Further, the Court said that it was not inclined to permit the amicus to visit the area for the time being. "Such a visit may not augur well at this stage. Will be considered at a later stage," the Court said. .The bench explained that it may do more harm than good if people are allowed to unnecessarily visit the area and overwhelm the villagers. "People there are already agitated ... Every person going and coming out giving TV interview. Does this make you a hero? Let's not do all these things. Let law take its own course. These people visiting the sites constantly may have positive effect or double negative effect also. They are poor people, who do not have such exposure. They aren't able to express themselves properly," the Chief Justice remarked..The matter will be taken up again on March 4..On February 20, while hearing a connected matter, the Court had said that TMC leader Sheikh Shahjahan was the "sole cause" of the situation in Sandeshkhali, while criticising the State police for their failure to arrest Shahjahan.“This person who is said to have masterminded the entire thing is still absconding. So if he is defying law, obviously the government should not be supporting him,” the Court had remarked. .The State, however, has maintained that it was not supporting the absconding TMC leader..Shahjahan is said to have close links to Jyotipriyo Mallick (presently a State Minister for Forests), who was reportedly arrested in connection with the ration distribution scam in October last year.On January 5 this year, around 200 local people are said to have surrounded and gheraoed ED officers who had arrived to raid Shahjahan's residence at Akunjipara in connection with the ration scam case.ED officers were injured during the ensuing clash. In the wake of this incident, the Governor of West Bengal CV Ananda Bose later called for the arrest of Shahjahan. The TMC leader is presently absconding, according to reports. .[Read live coverage of hearing today]