Hearing a plea by the state government against a single-judge bench order staying the imposition of Section 144 of the Code of Criminal Procedure (CrPC) in Sandeshkhali and permitting BJP leader Suvendu Adhikari to visit the area, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya refused to interfere with the orders.

The division bench said in its order, “The court can take judicial notice of the fact that the entire problem stood precipitated after the Enforcement Directorate conducted a search operation on the premises of Shahjahan. The police are unable to apprehend him despite a case having been registered for various offences.”

The bench orally remarked, “We have seen …women from the area have flagged several issues, and there has been land-grabbing of tribal people. This person (Shahjahan) cannot be on the run. The state cannot support it. In the suo motu matter, we will 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.”

Stating that it does not know “whether he is being protected” or not, the court said that the fact remains that he has not been secured. “It could mean that the state police machinery doesn’t have the wherewithal to secure him or (he) is outside the jurisdiction of the state police,” the court observed.

The bench said there is material to show that Shajahan has done damage to the public, instead of doing good as an elected representative in the North 24 Parganas zila parishad.

Directing that the matter will be taken up for hearing next Monday, the division bench said that appropriate orders will be passed after hearing all the parties.

The court said that establishing redressal mechanisms over allegations of forcible taking away of land owned by villagers in Sandeshkhali by way of setting up camps by the state government, in itself prima facie shows that land grabbing was committed in the area.

“The allegation that the lands owned by the tribal villagers have been forcibly taken away in violation of the legal formalities stands prima facie established,” the Chief Justice observed.

The bench further said, “It has also been widely reported that the state having come to know that the lands of certain people in the Sandeshkhali area have been taken away from them in violation of the procedure have established redressal mechanism, whereby the people, who have been affected by such violation were permitted to lodge their complaints.

The establishment of this redressal mechanism prima facie shows that there has been land-grabbing committed in the area and the allegation that the lands owned by the tribal villagers have been forcibly taken away in violation of the legal formalities stands prima facie established.”

The bench directed that notices be issued to the advocate general representing the state and that the additional solicitor general representing the Union of India be informed so that lawyers representing the ED and the CBI are present before the court on the next date of hearing of the suo motu matter.

— With PTI inputs