Coming down heavily on the Mamata Banerjee government over the situation in Sandeshkhali, the Calcutta High Court today said local Trinamool Congress strongman Sheikh Shahjahan "cannot be on the run" and the "state cannot support" him.
Hearing BJP leader Suvendu Adhikari's request for permission to visit Sandeshkhali, Chief Justice TS Sivagnanam said the court has noted allegations made by women on the island. "We have seen the grievances, the women of the area have flagged issues, there has been some land grabbing. This person (Sheikh Shahjahan) cannot be on the run. The state cannot support it. In the suo motu matter, we will ask him to surrender here. He can't be defying law," the Chief Justice said, according to Live Law.
"If one person can hold the entire population to ransom, the ruling dispensation should not support him. He is just a representative of the public. He is bound to do good to the public," he added.
The Chief Justice said "prima facie material" shows that Shahjahan "has done damage to the public". "He is on the run after committing alleged crimes. We don't know if he's protected but unable to be secured. That could mean that state police are not able to secure him, or he is outside their jurisdiction," he said.
Questioning the decision to clamp prohibitory orders when Shahjahan remains on the run, the court told the state government's counsel, "You are just creating a tense situation. You are unnecessarily harassing locals. Like in Covid, people were going into depression because they are confined to their homes. Let people speak out. Just because people say something, the accused will not become a convict. If you shut them out, that will not work."
The state government had challenged the court's order to pause prohibitory orders in the area, citing the law and order situation. The state's counsel said it is not opposed to local people or Constitutional functionaries moving around in the area, but fears visits by political leaders can spark trouble.
Shahjahan has been on the run for a month now after a team of Enforcement Directorate, which had gone to raid his home near Sandeshkhali in a corruption case, came under a mob attack. Over the last couple of weeks, local residents have come out with allegations of land grab and extortion against the Trinamool strongman and his aides. The BJP has also accused the ruling party leaders of sexual assault of women in Sandeshkhali. A total of 17 people, including Shahjahan's aides Uttam Sarkar and Shibu Hazra, have been arrested.
The Trinamool Congress government has accused the BJP of fomenting trouble in the area. Chief Minister Mamata Banerjee has alleged BJP workers were taken to the island to instigate violence. "The primary target was Sheikh and ED entered the area. Then they ousted everyone from there and fabricated an adivasis versus minorities fight," she has said. "This is not new. The RSS has a base there. Riots took place there 7-8 years back. It is one of the most vulnerable riot spots," she added.
The high court today noted that Bengal police has been unable to arrest Shahjahan despite multiple cases against him and an attack on ED officials. "It is rather surprising that the person, who is the core of the problem cannot be apprehended till date and is on the run," the Chief Justice said.
The court has now allowed Mr Adhikari and BJP MLA Shankar Ghosh to visit the island, upholding a single-bench order that had cleared their visit. Despite the order, the BJP leaders were stopped on their way to Sandeshkhali this morning.
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