Sandeshkhali Case — Don’t Know If TMC's Sheikh Shahjahan ‘Being Protected Or Not, But The Fact Is…’: Calcutta HC

The Calcutta High Court said that there is prima facie material to show that the absconding TMC leader has “caused damage to the public”, contrary to his duty as a public representative.

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While hearing a case involving West Bengal Leader of Opposition Suvendu Adhikari's visit to violence-hit Sandeshkhali, the Calcutta High Court said on Tuesday that it will summon Trinamool Congress (TMC) leader Sheikh Shahjahan, who is accused of involvement in incidents of land grabbing and misconduct against women, to appear in court and surrender.

According to a report by Bar and Bench, Chief Justice TS Sivagnanam made some harsh observations about the state government's handling of the absconding MLA, stating that the TMC leader cannot continue to be on the run and the state cannot support it.

"This person (Sheikh Shahjahan), who is said to have masterminded the entire operation, is still at large. So, if he is breaking the law, the government should not be supporting him," the Court stated.

According to the report, the Court identified Sheikh as the "sole cause" of the ongoing problem in Sandeshkhali's North 24 Parganas district.

"We have seen the grievances, the women in the area have raised concerns, and there has been some land grabbing. This person, Sheikh Shahjahan, cannot be on the run. In the suo moto case, we will ask him to surrender here. "Let all of you be here on that day — the state police, CBI, ED, etc," the Chief Justice stated, as reported by the Bar and Bench. 

The Court also stated that there is prima facie evidence that the absconding legislator caused "damage to the public" in violation of his duty as a public representative.

"If one person can hold the entire population hostage, the ruling dispensation should not back him. He is simply a representative of the public. He is obligated to do good for the public. There is prima facie evidence that he has done harm to the public. He fled after allegedly committing crimes. That could mean that state police are unable to apprehend him, or that he is outside of their jurisdiction," the court added, noting that in such a case, the administration's Section 144 order was meaningless. "You are just creating a tense situation."

Earlier on Monday, the court lifted the restrictions imposed under Section 144 of the CrPC.

The Chief Justice rejected the state government's submissions, stating that the order issued by the single judge was "reasonable and discretionary". 

"The single bench allowed the LoP and MLA to visit Sandeshkhaki, subject to certain stringent conditions. We cannot stay the single bench's order because it is reasoned and discretionary," the court stated while setting aside the district administration's new Section 144 order, as reported by Bar and Bench.

The Chief Justice's decision came after Adhikari was barred from entering Sandeshkhali despite the HC's order the day before. After the HC's single judge order was overturned, the district administration issued new prohibitory orders. Adhikari was, however, permitted to visit Sandeshkhali after the court hearing today. BJP MLA Shankar Ghosh was also permitted to accompany Suvendu. Both leaders were granted permission to visit the area on the condition that they did not disturb the peace and order.