Calcutta High Court Clarifies on Arrest Order, Trinamul Congress Reacts

Chief Justice T.S. Sivagnanam led a division bench of the Calcutta High Court on Monday, explaining that Sandeshkhali strongman Sheikh Shahjahan could never be prevented from being apprehended by Bengal police, nor was there ever a stay of his arrest issued.

The explanation was provided the day after Abhishek Banerjee, the number two member of the Trinamul Congress, said that the high court's rulings had stopped the state government from detaining Shahjahan.

The opposition mocked the high court's explanation, but the ruling class soon attempted to portray it as a win for Mamata Banerjee's nephew and heir apparent.

A group of spokesman, including education minister Bratya Basu and state general secretary Kunal Ghosh (who is often seen as Abhishek's mouthpiece), were sent out to declare loudly that Monday's high court rulings had vindicated the Diamond Harbour MP.

Ghosh, who isn't even an elected member from a gram panchayat and has no formal connection to the government, said that state police will apprehend Shahjahan in seven days since there was now clarity.

In addition, he sought explanations for why the Narendra Modi administration has not apprehended a number of those suspected of being runaways and financial wrongdoers, such as Mehul Choksi, Vijay Mallya, and Nirav Modi.

Jayanta Narayan Chatterjee, the court-appointed amicus curiae, had earlier told the bench during the high court's hearing of two public interest petitions that state police were saying they couldn't arrest Shahjahan due to a purported stay on their investigation.

"Both this division bench and a single-bench judge had ordered the state police not to proceed with the investigation into the incident in Sandeshkhali until further orders," Chief Justice Sivagnanam said.

However, it does not imply that the court put an end to the arrest procedure. The police are able to take Shahjahan into custody.

During a press conference in Maheshtala on Sunday, Abhishek said that people calling for Shahjahan's arrest have to file an appeal with the high court.

What can be done if the state administration's hands are tied by the high court? The central agency submitted a complaint after the incident on January 5, following reports that ED (Enforcement Directorate) officials were assaulted, according to the national general secretary of Trinamul.

The formation of a special investigative team (SIT) including members from central agencies and state police was mandated by the high court. Ten to twelve days later, the ED filed an appeal with the high court seeking a stay. As a result, the request for a stay was granted.

This indicates that they were against any kind of inquiry, detention, summons, or questioning. Was this done by Mamata Banerjee? No. The High Court of Calcutta carried it out. How can the state police make an arrest if the court binds their hands?

Last month, a high court decision signed by Justice Jay Sengupta said that the CBI and state police will work together to investigate the January 5 mob assault on an ED team that had gone to Sandeshkhali to search Shahjahan's residence.

That directive said that the state police would cease (unilateral) investigations because they would be done collaboratively.

Additionally, Trinamul issued statements on Monday that emphasized an order from the bench led by Chief Justice Sivagnanam dated February 7. One of the statements stated: "It goes without saying that the West Bengal State Police shall also be restrained from proceeding with the investigation in the cases, which have been registered by them."

"Those who want Shahjahan's arrest should make an appointment and ask the court why this stay was granted," Abhishek had said on Sunday. If the high court had given the police more authority, they would have shown their abilities rather than tying our hands.

"It is important to note that the court, not Trinamul, is watching over Sheikh Shahjahan. This is to make sure that news of Sandeshkhali doesn't fade. Raise the stay and observe the state police's next move.

The division bench order from Monday also instructed the registrar-general of the high court to publish a notice in the media, preferably in both English and regional languages, inviting Shahjahan to enter into the case as a party and provide an affidavit outlining his response to the charges made against him.

The bench, which comprised Justice Hiranmay Bhattacharyya, also instructed state advocate general Kishore Datta to provide a list of individuals the state want to join as parties to the case, along with their existing designations.

Datta responded by stating that the police had received 47 reports of torture in Sandeshkhali during the previous four years, one of which included rape. In 42 instances, chargesheets had been submitted. December 18, 2023, was the final day the lawsuit was filed, he said.

He continued by saying that 77 land-grab cases had been filed in all, 24 of which had been filed after January 5 (the day Shahjahan fled into hiding). Datta said, "The government has been acting in compliance with the law."

Chief Justice Sivagnanam was taken aback by this and inquired as to why the state administration had kept quiet for four years.

Trinamul entered combat mode in an attempt to shield Abhishek from any harm caused by the judicial proceedings.

"It's a glaring example of how certain media outlets are attempting to damage Bengal's reputation in coordination with the BJP and some segments of the legal system," Ghosh said.

Only after Abhishek Banerjee exposed the reality did the high court swiftly provide an explanation. We are optimistic that Sheikh Shahjahan will be taken into custody by the state police in seven days now that the court has removed the obstacle.

"The court developments (on Monday) only vindicate Abhishek's stand," Minister Basu said. The state police have already filed a formal complaint against Sheikh Shahjahan at the Basirhat police station. This is happening right now. It is necessary to expose the BJP's and its allies' propaganda.

Trinamul came under fire from the BJP for attempting to "misuse" a high court order.

Chief BJP spokesman for the state, Samik Bhattacharya, stated, "It's a shame that the ruling party attempted to misuse a high court direction to justify the injustice it committed."

Report requested

Amicus curiae On Monday, Chatterjee said that he had heard rumors that some Sandeshkhali residents were still too scared to report Shajahan. To visit the troubled regions, he requested authorization from the court.

The panel rescheduled the next hearing for March 4 and ordered Chatterjee to provide a report by that date.

new investigation

Based on a complaint filed with the Sandeshkhali police station on February 24 by poultry farmer Gour Das, another investigation against Shahjahan has been initiated.

According to Das, Shahjahan was among the six Trinamul activists who stole Rs 80,000 in cash from his poultry farm last year, vandalized a truck and a motorbike, and attacked him and his female family members.

Except for the headline, this story has not been edited by Press Time staff and has been published from a syndicated feed.