Calcutta High Court Revokes Section 144 in Sandeshkhali Amid Allegations of Violence and Land Grab

CPM Petition Challenges Prohibitory Orders; Court Demands State Report on Assault Allegations

Feb 14, 2024 - 07:29
Calcutta High Court Revokes Section 144 in Sandeshkhali Amid Allegations of Violence and Land Grab
Calcutta High Court.

In response to a plea filed by the CPM contesting the installation of prohibitory orders and the suspension of Internet connections in the North 24-Parganas area, the Calcutta High Court on Tuesday annulled the application of Section 144 in the unstable district of Sandeshkhali.

Violent demonstrations against Trinamul officials Sheikh Shahjahan, Uttam Sardar, and Shibaprasad Hazra have taken place in Sandeshkhali. The locals have accused them of stealing land and sexually abusing women.


Judge Joy Sengupta invalidated the implementation of Section 144, stating that the government often finds regions of disturbance and places prohibitory orders in certain locations. But the court noted that since Section 144 had been implemented in Sandeshkhali, the clampdown has been lifted. The gathering of five or more individuals in one place is prohibited under Section 144.

Sengupta suggested that the government increase the number of security personnel on duty and conduct close surveillance using CCTV and drones.

Judge Sengupta answered the CPM's appeal by asking, "Is there a widespread condition of turmoil in Sandeshkhali? Why is Section 144 enforced across the board? It might be argued that Section 144 should only apply to Calcutta. It is important to consider the seriousness of the claims in this instance.

On Tuesday, Justice Apurba Sinha Ray, another member of the court, took suo motu cognizance of the claims made by the state that women had been sexually assaulted and that tribal property had been changed in Sandeshkhali. She directed the state to submit a report in a week. Refer to Metro.

The court of Justice Sengupta was informed by the CPM's attorney, Bikash Ranjan Bhattacharyya, that Shahjahan Sheikh, Sushant (Uttam) Sardar, and Shibaprasad Hazra had unlawfully obtained agricultural property and were turning it into ponds. They are murdering women in horrible ways.

"Our leader, former CPM MLA Nirapada Sardar, who was fighting for the cause of the people, is in police custody for four days," Justice Sengupta said. Police personnel are also held accountable. They are not the subject of any legal action.

Speaking on behalf of the state, advocate general Kishore Dutta declared: "The situation is precarious and might degenerate into violence at any time. Therefore, Section 144 has been implemented. As of yesterday night, internet services have resumed.

Judge Sengupta heard all sides and then reversed the enforcement of Section 144, noting that the police had not received any complaints in the previous three years. Local women experience a lack of security. It is not possible for the court to ignore such grave accusations.

Suvendu Adhikari, the leader of the opposition, had also filed a suit, claiming that Section 144's implementation prevented him from traveling to Sandeshkhali. Justice Sengupta declared that he may now visit Sandeshkhali and that the enforcement of Section 144 had been nullified when his case came up for hearing.

Since February 7, the majority-female Sandeshkhali villagers have been staging protests against the alleged crimes carried out by Shanjahan and his two assistants, Sardar and Hazra. The police were outnumbered and powerless as the locals, armed with sticks and bamboos, burned the properties of Hazra and Sardar over the course of three days.

The demonstrations started more than a month after a crowd confronted ED officers as they were about to search Shahjahan's house in Sandeshkhali in relation to the ration distribution scandal.

Top police officials raced to the scene on Friday and imposed Section 144 in the region to stop the violence from becoming worse as images of Trinamul chief Hazra's hatchery, farmland, and home exploding in flames were broadcast across media networks.

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