On Monday, the Calcutta High Court clarified that it did not issue any order to halt or obstruct the arrest of Trinamool Congress (TMC) leader Sheikh Shahjahan, who is accused of land grabbing and sexual assault in Sandeshkhali.

The division bench, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya clarified that the court's intervention was solely regarding the stay of a single judge's order to establish a special investigation team (SIT). This SIT was intended to investigate allegations against Enforcement Directorate (ED) officers who were allegedly assaulted during raids at Sheikh Shahjahan's residence.

The bench emphasized, "We will clarify that there is no stay on arrest. A stay on investigation doesn't mean a stay on arrest. There is an FIR registered, and he is branded as an accused. He will have to be arrested."

The court's clarification stemmed from its suo motu initiation of a case prompted by media reports alleging sexual abuse of women by TMC members and forced land acquisitions in Sandeshkhali.

Despite affirming that there is no hindrance to Sheikh Shahjahan's arrest, the TMC leader has been included as a party in the case. However, since Shahjahan's whereabouts remain unknown, the court has directed the Registry to issue public notices in Bengali and English newspapers for broader dissemination in the district.

The court was addressing a suo motu case prompted by media reports indicating that numerous women in Sandeshkhali had experienced sexual abuse by TMC members and that tribal lands were being forcefully taken away.

Today, the court provided further clarification, emphasizing that it had only suspended the formation of the SIT and not Sheikh Shahjahan's arrest. This clarification came after the amicus curiae, the lawyer assisting the court, informed the bench that television channels were reporting that Shahjahan was not being apprehended due to a court-ordered stay.

The court underscored the urgency of the situation, expressing concern that the issues in Sandeshkhali had remained unresolved for four years. It questioned the delay in advancing 42 cases to chargesheet status and suggested a necessity for further investigation and scrutiny.

Furthermore, the court postponed granting permission for the amicus curiae to visit the area, citing concerns that such visits might escalate tensions among the villagers. The next hearing is set for March 4, with the court reaffirming its position that law enforcement must operate without interference from political influences.

During the Sandeshkhali violence, a poultry farm, residences, and offices were vandalized and set ablaze. In connection with the suo moto case filed by the police, former CPIM MLA Nirapada Sardar and BJP leader Vikas Singh were arrested.

Sandeshkhali has been engulfed in turmoil for days as certain women have sought justice against alleged atrocities perpetrated by TMC leader Sheikh Shahjahan and his associates.

A considerable number of women in Sandeshkhali have leveled accusations of "land-grab and sexual assault" against Trinamool Congress influential figure Shajahan Sheikh and his allies, allegedly under coercion. Despite efforts from both state police and central agencies, Shahjahan remains at large, evading arrest.

Case Title: Court on its own motion v. State of West Bengal