Kolkata High Court Lambastes State Police Over Failure to Arrest Sandeshkhali Main Accused Shahjahan Sheikh

The Chief Justice underscored that preliminary evidence suggests Shahjahan has caused harm to the public.

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In a scathing indictment of the Mamata Banerjee-led administration, the Calcutta High Court on Tuesday rebuked the government for the turmoil in Sandeshkhali, asserting that local Trinamool Congress leader Sheikh Shahjahan “cannot evade responsibility” and the “state cannot condone” his actions.

Responding to BJP leader Suvendu Adhikari’s plea to visit Sandeshkhali, Chief Justice TS Sivagnanam emphasized that the court has taken serious note of the allegations made by women on the island.

“We are aware of the complaints; the women in the area have highlighted issues, including instances of land grabbing. Shahjahan cannot remain at large. The state cannot endorse such behavior. In the suo motu case, we will demand his surrender here. He cannot flout the law,” the Chief Justice stated, as reported by Live Law.

“If one individual can hold the entire population hostage, the ruling regime should not lend him support. He is merely a representative of the public and is obligated to act in their best interests,” he added.

The Chief Justice underscored that preliminary evidence suggests Shahjahan has caused harm to the public. “He is evading authorities after allegedly committing crimes. It is unclear whether he is under protection but unable to be apprehended. This could imply that state law enforcement is unable to apprehend him, or he is beyond their jurisdiction,” he remarked.

Questioning the rationale behind imposing prohibitory orders while Shahjahan remains at large, the court remarked, “You are only exacerbating tensions. You are needlessly harassing locals. Just like during Covid, people were experiencing depression due to confinement at home. Let people voice their concerns. Merely because people voice allegations, the accused does not automatically become guilty. Suppressing them will not resolve the issue.”

Shahjahan has been evading arrest for a month since an Enforcement Directorate team, investigating a corruption case, was attacked by a mob near his residence in Sandeshkhali. In recent weeks, local residents have leveled accusations of land usurpation and extortion against Shahjahan and his associates. The BJP has also accused Trinamool leaders of sexually assaulting women in Sandeshkhali. Seventeen individuals, including Shahjahan’s aides Uttam Sarkar and Shibu Hazra, have been arrested.

The Trinamool Congress government has accused the BJP of instigating unrest in the region. Chief Minister Mamata Banerjee has alleged that BJP workers were brought to the island to incite violence. “The primary target was Sheikh, and when the ED arrived, they expelled everyone and fabricated a conflict between adivasis and minorities,” she claimed. “This is not new. The RSS has a stronghold there. Riots occurred there 7-8 years ago. It is one of the most volatile riot-prone areas,” Ms. Banerjee added.

The high court noted with concern that despite multiple cases against him and an assault on ED officials, the Bengal police has failed to apprehend Shahjahan. “It is quite astonishing that the individual at the heart of the problem remains at large to this day,” the Chief Justice remarked.

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