[Sandeshkhali Violence] CBI Or ED Free To Arrest Shahjahan Sheikh: Calcutta High Court Clarifies

The Calcutta High Court on Wednesday clarified that central agencies such as the Central Bureau of Investigation (CBI) or Enforcement Directorate (ED) would be free to arrest Shahjahan Sheikh, Pradhan of the Zila Parishad in Sandeshkhali, who is the prime accused in the unrest that has encapsulated the area.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya issued such clarification after being told by ASG SV Raju, that the CBI was apprehending that the State police would collude with Shahjahan Sheikh, who had been missing for over 20 days, upon his arrest.

The bench stated: The ASG apprehends that if the State police make an arrest, there is a likelihood of the case being diluted as the CBI and ED have serious reservations against the State police and there is an allegation of collusion with the absconding accused. The AG has disputed such contention. The concerned person has not been apprehended for a substantial period of time. As of date, what has been stayed is only the constitution of an SIT, Therefore it is well open to the CBI or ED also to arrest the absconding accused. Equally so, there are other cases registered against the same accused, where he has been shown as absconding. Therefore, a person elected to public office cannot defy the law. It is open to any agency to arrest the concerned person.

The Court also clarified, that there was no impediment to the arrest of Shahjahan Sheikh, and that an earlier order of stay on investigation had only been allowed in response to an SIT constituted by a single bench comprising members of the CBI and State police, which was objected to by the CBI who apprehended that the state police would leak information pertaining to the investigation.

Earlier, the bench had also reiterated that there was no stay on the arrest of Shahjahan Sheikh, and that the police authorities ought to arrest him in the cases registered against him. 

Read more: [Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police