'State should be ashamed': HC grants bail to 'heckled' former CPM MLA of Sandeshkhali
Telegraph | 28 February 2024
Calcutta High Court on Tuesday granted unconditional bail to former CPM MLA Nirapada Sardar, saying “the state should be ashamed” of the “heckling” and “torture” of the leader for 17 days and suggesting that the cops involved should be arrested immediately.
The court noted that although the complaint on the basis of which Sardar was arrested was lodged on February 10, the police had drawn up the FIR a day earlier. Sardar, a former MLA of Sandeshkhali, was picked up on February 11 on the charge of causing disturbance in the Sunderbans island on the basis of a complaint lodged by Bhanu Mandal, an aide of Trinamul leader Shib Prasad Hazra who is now in custody over gang-rape charges.
Justice Debangsu Basak, heading the division bench, expressed exasperation at the chronology. “The concerned police officers should be arrested immediately,” the judge said during the hearing of Sardar’s bail plea.
“It is unfortunate that the gentleman was literally heckled for 17 long days unnecessarily. The state should feel ashamed over the act,” Justice Basak said.
Justice Basak added: “The
police will have to give proper clarification before wthe court. In any
independent country, police cannot torture a citizen in this manner.”
The Telegraph had reported on Monday — on the basis of official records of
the Assembly — that Sardar had flagged the alleged incidents of land-grab in
Sandeshkhali, crimes against women and police inaction on villagers’ complaints
as far back as 2012 and 2013.
In
its order, the division bench, also having Justice Md. Shabbar Rashidi,
directed the state to make
arrangements so that Sardar is released from prison by Tuesday itself.
“If
the petitioner is not released on Tuesday, the police will have to face
contempt proceedings,” warned Justice Basak. Later in the day, Sardar, who
was picked up from his south Calcutta home on February 11 and thereafter
arrested, was released from Basirhat jail.
“The
policemen involved in the issue should be arrested and prosecuted properly,”
Justice Basak said.
The
police had booked Sardar under various sections of the Indian Penal Code and
the Prevention of Cruelty to Animals Act. The principal charges against him
were rioting, theft and conspiracy.
Appearing
for Sardar, senior advocate Bikash Ranjan Bhattacharyya said his client was
first arrested on February 11. “On February 12, he was granted bail by a
subordinate court. But soon after he obtained bail, the police arrested him
again,” said Bhattacharyya, also a Rajya Sabha member of the CPM.
Appearing
for the state, Rudra Nandi opposed
the bail plea and said: “The second time Sardar was arrested was in connection
with a fresh case.”
The
bench fixed the matter for hearing on March 1 and asked the chief of the
Basirhat police district to file a report that day, explaining why the police
had acted in such a manner.
Emerging
from the Basirhat prison in the evening, 54-year-old Sardar said the people of
Sandeshkhali had vindicated him.
“The
people of Sandeshkhali have answered them (Trinamul)…. They should know that a much sterner response
from the people awaits them,” he said.
“In
the Assembly, on the floor of the House, I raised these core issues in 2013…. I
raised them repeatedly. But not only did this Trinamul-led government not heed
it, but I was also prevented from speaking; at times my microphone was
snatched,” Sardar said, demanding answers on why prohibitory orders under
Section 144 of the CrPC applied to everyone but Trinamul in Sandeshkhali.
Accusing
the Trinamul dispensation of having shielded and sheltered Sandeshkhali strongman
Sheikh Shahjahan for so long, Sardar said on Tuesday: “Is this a joke?”
CPM state secretary Md Salim said
Trinamul should be ashamed of
itself for having allowed the police administration to falsely frame Sardar and
for introducing “jungle raj” in Sandeshkhali.
“The
court not only rebuked them but also ordered them to fix responsibility and
hold the concerned people accountable,” Salim said.
Trinamul state general secretary Kunal Ghosh said:
“There must have been reasons for the arrest. There must have also been
reasons, according to the court, for his bail.”
“Bail
is a part of the legal processes. On that, we have nothing to say,” he added.
Asked
specifically to respond to the castigation by the high court, Ghosh said it was
for the police to consider. “We will not say anything separately on this right
now. The police officers concerned will surely analyse them… and the state’s lawyers would duly inform the court,”
Ghosh said.
In
response to a question on the issues raised by Sardar in the Assembly in the
past, Ghosh said it was not clear what the former MLA had said amid commotion
in the House.
“For
as long as Shahjahan was in Nirapadababu’s party, he was never mentioned. Only
after Shahjahan switched sides, Nirapadababu’s conscience was awakened and he
tried speaking in the Assembly…. We will not heed such drama. During a ruckus
in the House, people cannot be clearly
heard, that everyone knows,” Ghosh said.
“Had
there been major allegations of this so-called reign of terror (in
Sandeshkhali), why didn’t the CPM conduct a media conference from Alimuddin
Street back then?” he asked.
Abhishek
response
Trinamul
national general secretary Abhishek Banerjee on Tuesday issued a statement on
X, responding to Calcutta High Court’s observation on Monday that there was no
bar on arresting Shahjahan.
“BJP
& ANTI BENGAL Media reaped the benefits of this EMBARGO like true
opportunists!” he wrote, referring to the clarification from a division bench
led by Chief Justice T.S. Sivagnanam that the Bengal police were never barred
from arresting Shahjahan. On Sunday, Abhishek had claimed that a February 7
order from the court had kept the state administration
from making the arrest.
“CHRONOLOGY:
STAY given on 7th. VIOLENCE and VILIFICATION began the following day, on the
8th,” wrote the Diamond Harbour MP. “With yesterday’s clarifications from
Calcutta HC, I’m confident justice will soon prevail,” he added.