No stay on arrest of TMC's Sheikh Shahjahan: Calcutta HC
What's the story
The Calcutta High Court on Monday said no order prevents the arrest of Sheikh Shahjahan, the Trinamool Congress (TMC) leader accused of sexual assault and land grabbing in Sandeshkhali.
This followed TMC MP Abhishek Banerjee's claim that the Bengal government cannot arrest Sheikh as the court "tied the hands of the police."
Moreover, the HC directed Sheikh, the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI), and the West Bengal home secretary be impleaded as parties in the matter.
Context
Why does this story matter?
Sandeshkhali in Bengal's North 24 Parganas district witnessed massive protests earlier this month against Sheikh.
The situation took an ugly turn in recent days after allegations of rape of "Hindu women" emerged, prompting a strong reaction from the Bharatiya Janata Party (BJP) as well.
The region has become a flash point of a political dispute following the BJP's allegations that Sheikh and his aides have committed various atrocities against Sandeshkhali residents.
Court order
Sheikh will have to be arrested: HC
"There is no stay on his (Sheikh's) arrest. A stay on investigation doesn't mean a stay on arrest. There is an FIR registered... He will have to be arrested," the HC said.
The court also ordered that a public notice be issued in Bengali and English newspapers as Sheikh is untraceable.
To recall, Sheikh has been absconding since the January 5 attack on ED officials who had gone to the Sandeshkhali village to search his premises in the ration scam.
On Sunday
TMC not shielding Sheikh: Banerjee
On Sunday, Banerjee said, "Those calling for Sheikh's arrest should make an appointment and ask the court why this stay was granted."
He insisted the TMC was not shielding its on-the-run strongman.
"After the January 5 incident...the central agency filed a complaint and the high court ordered the constitution of an SIT (special investigation team) with state police and central agencies," he added.
Statement
HC tied hands of state police: TMC leader
Banerjee further stated, "Around 10-12 days later, the ED appealed for a stay in the high court. The plea was accepted. This means they did not want any investigation, arrest, summons, or interrogation."
"On March 6, there will be hearing... If the HC ties hands of state police, how can they arrest anyone?" he said.
Banerjee added that TMC leaders—and Sheikh's aides—Uttam Sardar and Shibu Hazra were arrested.
"Trinamool is not guarding Sheikh. Judiciary is," he said.
Opposition's response
BJP hits out at Banerjee's statement
The BJP has hit out at Banerjee's statement, saying that the court has not issued a stay on the investigative process or the arrest of any person, including Sheikh.
Party leader Samik Bhattacharya said, "He (Banerjee) is not from the government. He is speaking on behalf of his party... The Trinamool cannot remove Sheikh."
To note, Banerjee is the general secretary of the TMC.