Calcutta High Court cancels Section 144 in trouble-torn Sandeshkhali
Telegraph | 14 February 2024
Calcutta High Court on Tuesday revoked the imposition of Section 144 in trouble-torn Sandeshkhali, ruling on a petition filed by the CPM challenging the clamping of prohibitory orders and the suspension of Internet services in the North 24-Parganas locality.
Sandeshkhali has witnessed violent protests against Trinamul leaders Sheikh Shahjahan, Uttam Sardar and Shibaprasad Hazra, whom villagers have accused of land grab and sexual assault.
Invalidating the imposition of Section 144, Justice Joy Sengupta said the administration usually identifies disturbed areas and imposes prohibitory orders in specific zones. However, in Sandeshkhali, Section 144 has been imposed in the entire area and, therefore, the clampdown stood cancelled, the judge said. Section 144 prevents the gathering of five or more people in an area.
Sengupta said the state should deploy more security forces and there should be close monitoring through drones and CCTV cameras.
Responding to the CPM’s petition, Justice Sengupta said: “Is there a general state of unrest in Sandeshkhali? Why issue Section 144 throughout the entire area? One might argue that only Calcutta should have Section 144. The allegations in this case are serious and should not be taken lightly.”
Another judge of the court, Justice Apurba Sinha Ray, on Tuesday took suo motu cognisance of allegations of women being sexually assaulted and tribal land being converted in Sandeshkhali and instructed the state to file a report within a week. (See Metro)
The counsel for the CPM, Bikash Ranjan Bhattacharyya, told the court of Justice Sengupta: “Shahjahan Sheikh, Sushant (Uttam) Sardar and Shibaprasad Hazra have illegally acquired agricultural land and are converting them into ponds. They are committing atrocities against women.”
Justice Sengupta added:
“Our leader (former CPM MLA Nirapada Sardar), who was fighting for the cause of
the people, is in police custody for four days. Even police officers are
accused. No action has been taken against them.”
Advocate-general
Kishore Dutta, appearing for the state, said: “The situation is vulnerable
and it can lead to violence at any moment. So we have imposed Section 144....
Internet services have been restored since last night.”
After
hearing both sides, Justice Sengupta revoked the imposition of Section 144 and
observed: “For the past three years, the police have not received
any complaints. Women in the area feel a lack of security. After
such serious allegations, the court cannot turn a blind eye.”
Leader
of the Opposition Suvendu Adhikari had also moved a petition alleging that he
couldn’t go to Sandeshkhali because
of imposition of Section 144. When his case came up for hearing, Justice
Sengupta said that the imposition of Section 144 had been invalidated and
he could now visit Sandeshkhali.
Sandeshkhali villagers, most of whom were women, have been protesting
since February 7 against the alleged acts of atrocities perpetrated by
Shanjahan and his two aides — Sardar and Hazra. Over three days, villagers
armed with sticks and bamboos had set ablaze properties of Hazra and Sardar
while the police stood helpless as they were outnumbered.
The
protests erupted over a month after a mob had attacked ED officials when
they had gone to carry out a raid at the Sandeshkhali home
of Shahjahan in connection with the ration distribution scam.
As
visuals of Trinamul leader Hazra’s hatchery, farmhouse and residence erupting
in flames were beamed across television channels, top police officers rushed to
the spot on Friday and clamped Section 144 in the area to prevent the violence
from escalating any further.