Shameful Even If 1% Of Claims Found To Be True; State Owes Moral Responsibility: Calcutta High Court On Sandeshkhali

The Calcutta High Court on Thursday reserved its verdict in various pleas seeking a probe into the alleged instances of violence against women and land grabbing which had occurred in Sandeshkhali, West Bengal under the watch of former Pradhan Shahjahan Sheikh, and his workers.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were considering public interest litigations seeking an independent probe into the instances of violence alleged against Shahjahan and his men.

Upon hearing the allegations raised by counsel, and reading the affidavits placed on record regarding the sexual assault faced by the women, and land grabbing faced by the people of the area, the Chief Justice orally remarked:

"The entire district administration and ruling dispensation must owe a moral responsibility. Even if [the affidavit] 1% is true it is absolutely shameful. And West Bengal says it is safest for women? If one affidavit is proved to be right all of this falls."

Earlier, the Court had directed the investigation into the attack on ED officials allegedly at the behest of Sheikh's officials to be transferred to the CBI, as well as custody of Shahjahan Sheikh.

Background

The unrest in Sandeshkhali began after the assault on the ED officers allegedly by followers of local 'strongman' Shahjahan Sheikh. The situation further precipitated with widespread reports of sexual assault and land grabbing being attributed to Shahjahan and his followers, belonging to the ruling dispensation in West Bengal.

Earlier, the court had clarified that there was no stay order on the arrest of Shahjahan Sheikh, who was the prime accused in almost 42 criminal cases arising out of Sandeshkhali, eventually leading to his arrest by the State Police after a prolonged period of being absconding. At the Central Bureau of Investigation's request, it had also stayed an order constituting an SIT with members of the state police as well as the central agency to investigate the assault on ED officials.

Shahjahan Sheikh, described by the court as a 'strongman' with significant political influence, was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, and had ties to the ruling party. The High Court had expressed concern over the State Police's "hide and seek" tactics and the need for an impartial inquiry into the public distribution system scam, in which Sheikh is a key figure.

In doing so the Court had transferred the probe into the attack on ED officials by Shahjahan's men to the CBI, due to which the agency had also taken his custody. 

Case No: WPA/4011/2024

Case: THE COURTS ON ITS OWN MOTION VS STATE OF WEST BENGAL