Calcutta High Court allows CBI, ED to arrest Sheikh Shahjahan
What's the story
The Calcutta High Court has clarified that the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) can arrest Trinamool Congress (TMC) leader Sheikh Shahjahan.
The court made the clarification after the ED and CBI expressed reservations about the West Bengal Police probing the Sandeshkhali violence case.
"The court has only stayed the constitution of a special investigation team. Therefore, it will be well open to the CBI or the ED to arrest the absconding accused," the bench said.
Context
Why does this story matter?
The riverine Sandeshkhali area has been on the boil since January.
At the center of unrest are Sheikh and his supporters, who have been accused of sexually assaulting women and grabbing land.
Sheikh has been evading authorities since January 5, when a mob linked to him attacked ED officials when they went to raid his place in an alleged ration scam.
The delay in his arrest has led opposition parties to suspect that the TMC is protecting him.
Stay on Sheikh's arrest
Court clarifies no stay on Sheikh's arrest
During the hearing, the bench, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, stated that there was no record of a stay on Sheikh's arrest in any case connected to the Sandeshkhali incidents.
Advocate General Kishore Datta informed the court that at least 43 FIRs involving Sheikh have been filed in the past four years.
In several of these cases, Sheikh has been found to be absconding.
Reservations
ED, CBI express reservations about state police probe
Similarly, Deputy Solicitor General Dhiraj Trivedi, representing the ED, argued that allowing local police to investigate the case could lead to evidence destruction.
Additional Solicitor General SV Raju, representing the CBI, also expressed serious concerns about the state police's involvement in the investigation.
"Our apprehension is that if the state police arrest Sheikh, they might dilute the case against him," he stated.
Monday hearing
What the court said during Monday hearing
On Monday, the bench had also clarified that there was no stay on the arrest of Sheikh.
"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," the court said.
This followed TMC MP Abhishek Banerjee's claim that the Bengal government cannot arrest Sheikh as the court "tied the hands of the police."
Deadline for Sheikh's arrest
TMC said Sheikh would be arrested in 7 days
Hours after the high court's remarks, the TMC said Sheikh would be arrested in seven days.
TMC party officials emphasized how the court's lifting of restrictions would empower the West Bengal Police to conduct a speedy investigation and make the necessary arrests.
Later on Tuesday, West Bengal Governor CV Ananda Bose wrote to Chief Minister Mamata Banerjee's government to arrest absconding Sheikh within the next 72 hours.