Sheikh has been on the run since January 5 when a mob of his alleged supporters attacked a team of ED officials who reached Sandeshkhali to search his house inn connection with its probe into the ration distribution ‘scam’. Since then, the TMC panchayat functionary and his associates have been named in several cases of land grab and criminal intimidation.
Hearing a suo motu case based on media reports of several women in Sandeshkhali in North 24 Parganas district accusing local TMC workers and leaders of sexual harassment and land grab, a Division Bench of Chief Justice T S Sivagnanam directed the High Court registry to issue a public notice in newspapers informing that Shahjahan Sheikh has been impleaded in the matter as he is on the run and has not been seen in public since January 5.
During the hearing on Monday when the court-appointed amicus curiae sought clarification on whether there is a restraining order from arresting Sheikh, the Division Bench said: “There is no stay on his arrest. A stay on investigation doesn’t mean a stay on arrest. There is an FIR registered, he is branded as an accused. He will have to be arrested.”
The Bench further clarified that in a different matter, the court had stayed the constitution of a joint special investigation team of the CBI and the West Bengal Police, that had been ordered by a single bench to investigate the attack on ED officials in Sandeshkhali on January 5.
On Sunday, TMC national general secretary Abhishek Banerjee had said his party, the Trinamool Congress, was not shielding Sheikh and instead blamed the High Court for staying the probe by the joint SIT.
“If the High Court ties the state administration’s hands, what can be done? After the January 5 incident, wherein it was claimed that ED officers were attacked, the central agency filed a complaint. The High Court ordered that a SIT, comprising representatives of state police and central agencies, be formed. Around 10-12 days later, the ED appealed for a stay in the High Court. Accordingly, the plea was accepted. This means that they wanted that there should be no investigation, arrest, summons, or interrogation… Did Mamata Banerjee do this? No. It was done by the Calcutta High Court… If the High Court ties the hands of the state police, how can they arrest anyone?” Abhishek had said.
The Division Bench comprising Justice Hiranmay Bhattacharyya, meanwhile, did not allow the amicus curiae to visit Sandeshkhali, saying that such visits may cause more harm than good.
“Such a visit may not augur well at this stage. It will be considered at a later stage… People there are already agitated … Every person going and coming out is giving TV interviews. Does this make you a hero? Let’s not do all these things. Let the law take its course. These people visiting the sites constantly may have a positive effect or may double the negative effect. They are poor people, who do not have such exposure and are unable to express themselves properly,” the Chief Justice remarked before posting the matter for hearing on March 4.
Soon after the High Court’s hearing, senior TMC leader and party spokesperson Kunal Ghosh said that Sheikh would be arrested in “seven days” as the party doesn’t support the culprits.
“About the arrest of Sheikh Shajahan, Abhishek Banerjee is correct. The matter was stuck in the legal tangle of the court. The Opposition parties were doing politics using this opportunity. Thanks to the High Court today for clarifying the matter and allowing the police to take action. Shajahan Sheikh will be arrested within seven days,” Ghosh posted on X.
The Opposition BJP, on the other hand, reiterated its charge that the TMC government was protecting Sheikh. “What is Mamata Banerjee scared of? Is Sheikh Shahjahan being protected because he holds her dark secrets? Yesterday, Mamata Banerjee’s nephew went to the extent of blaming the judiciary for holding back West Bengal Police from arresting Sheikh Shahjahan, when no less than the Chief Justice of Calcutta High Court had asked for his arrest. Attributing to the judiciary what they haven’t said is contempt and punishable,” said BJP IT Cell chief Amit Malviya.
“Today, the Calcutta High Court clarified there is no stay on the arrest of TMC leader Sheikh Shahjahan. Will Mamata Banerjee now ensure Sheikh Shahjahan is arrested,” Malviya asked.