No bar on arresting fugitive TMC leader Sheikh Shahjahan, clarifies Calcutta High Court
Telegraph | 27 February 2024
A division bench of the Calcutta high court led by Chief Justice T S Sivagnanam on Monday said there was no restriction on the Bengal Police to arrest the absconding Trinamul functionary and North 24-Parganas zilla parishad functionary Sheikh Shahjahan.
The Trinamul’s all-India general secretary Abhishek Banerjee had said on Sunday that the state police could not arrest Shahjahan because of a stay order issued by the division bench of the chief justice.
During a hearing on another case related to Shahjahan on Monday, the court clarified that there is no stay in arresting Shahjahan. “We clarify there is no stay on arrest in any proceeding. The stay was on the special investigation team formed earlier,” the court said.
The division bench observed, that there "is a first information report' and Shahjahan should be arrested". The court observed that since Shahjahan is absconding a public notice has to be issued.
The state legal service authority has been instructed to take complaints from the Sandeshkhali women, alleged victims of atrocities committed by Shahjahan and his associates.
On Sunday, Trinamul all India general secretary and Diamond Harbour MP Abhishek Banerjee had blamed the judiciary for the delay in the arrest of Shahjahan.
“Sheikh Shahjahan is being guarded by the judiciary, and I want to put this on record, so that Sandeshkhali stays in the limelight, so that Sandeshkhali continues to burn,” Abhishek said on Sunday while talking to mediapersons during an event. “Trinamul Congress did not spare Partha Chatterjee, Jyotipriya Mullick, who is Sheikh Shahjahan?”
A team from the Enforcement Directorate had gone to Sandeshkhali on January 5, looking for Shahjahan in connection with the ration scam in which he is a co-accused along with former minister Mullick.
On January 16, Justice Jay Sengupta of the Calcutta high court had ordered a joint probe by the Bengal police and CBI, following a petition filed by the ED, days after its officials were attacked, to hand over the probe to the central agency.
Trinamul all India general secretary and Diamond Harbour MP Abhishek Banerjee on Sunday blamed the judiciary for the delay in the arrest of Sheikh Shahjahan, the fugitive Trinamul Congress North 24-Parganas zilla parishad functionary and leader from Sandeshkhali.
“Sheikh Shahjahan is being guarded by the judiciary, and I want to put this on record, so that Sandeshkhali stays in the limelight, so that Sandeshkhali continues to burn,” Abhishek said on Sunday while talking to mediapersons during an event. “Trinamul Congress did not spare Partha Chatterjee, Jyotipriya Mullick, who is Sheikh Shahjahan?”
A team from the Enforcement Directorate had gone to Sandeshkhali on January 5, looking for Shahjahan in connection with the ration scam in which he is a co-accused along with former minister Mullick.
On January 16, Justice Jay Sengupta of the Calcutta high court had ordered a joint probe by the Bengal police and CBI, following a petition filed by the ED, days after its officials were attacked, to hand over the probe to the central agency.
“After what happened on January 5, the alleged attack on the ED team they filed an FIR. The Calcutta high court had ordered a special investigation team with officers from both the state police and the CBI,” said Abhishek. “Some days later ED sought a stay which was granted by the high court. The high court gave the stay order, they have tied the hands of the state police, not Mamata Banerjee.”
It has been reported that the ED and the state police then filed separate petitions before a division headed by Chief Justice T S Sivagnanam, seeking permission to investigate the case independently. The Trinamul second-in-command, however, did not mention this.
Also, the division bench stayed the proceedings and probe by the state police in an order issued on February 7. It also stalled investigation into the case till the next hearing which is scheduled for March 6. The central agencies ED and CBI were given permission to oppose any anticipatory bail plea filed by Shahjahan.