Sandeshkhali: Calcutta High Court transfers probe against Shahjahan Sheikh to CBI

The Calcutta High Court on Wednesday transferred the probe into allegations of sexual assault and forcible land grabbing by Trinamool Congress (TMC) leader Shahjahan Sheikh, to the Central Bureau of Investigation (CBI) [The Court on its own motion vs The State of West Bengal]..A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya refused to appoint an Enquiry Committee headed by a former High Court judge and instead transferred the probe to the CBI. "We have no doubt in our mind to hold that an impartial enquiry is required to be done by an agency which has power to probe the criminal angle stated to involved. Therefore this court is of the considered opinion that it is necessary in the interest of justice and fair play and for expeditious consideration of the various complaints and allegations an impartial enquiry is required to be conducted. The state has to provide the required support to the said agency to be appointed by us to enquire into the matter," the bench said.The Court considered the nature of the allegations which involve crime against women as well as forcible grabbing of lands of citizens including those belonging to scheduled tribe communities.The Court also took into account the volume of the complaints brought on record."This Court is of the considered view that instead of constituting an expert committee to be headed by a retired High Court Judge, the CBI may be directed to investigate and submit a report with regard to the allegations and complaints of the persons of Sandeshkhali as the CBI is already in seisin over the investigation in respect of an incident which very recently took place at Sandeshkhali," the bench ordered.It further directed the CBI to ensure confidentiality of the complainants and ordered the agency to create a dedicated portal/email ID to lodge complaints. The District Magistrate of North 24 Parganas was ordered to give adequate publicity regarding the same..The Court was hearing a case concerning unrest in Sandeshkhalli following allegations of sexual assault and land grabbing in the area.The case involves allegations that lands of residents in the village were forcefully grabbed by Shahjahan Sheikh, a politician who was suspended by the Trinamool Congress (TMC) earlier this year. Sheikh and his aides were further accused of sexually assaulting women in the village.After he was accused of sexual assault and land-grabbing in Sandeshkhalli, Sheikh was eventually arrested by the West Bengal Police after being on the run for around 55 days..The Court today noted the contention of Advocate General Kishore Datta that a public interest litigation (PIL) cannot be a political interest or personal interest litigation and in all these cases, there was gross display of personal interest. "The submissions that the genuineness of the public interest litigation or litigants has to be examined becomes irrelevant since the court has taken suo motu cognizance of the matter. Therefore, the said submissions made by the Advocate General does not merit acceptance. Therefore, it is too late in the day for the State to contend that the PIL cannot be entertained and that they are not genuine more so when the incidents which have occurred in Sandeskhali have not been shown to be wholly incorrect or palpably false," the bench underlined..In its order, the bench took judicial notice of the fact that the State had put in place a machinery by which lands were handed back to the persons from whom they were grabbed."The fact that the government came forward to hand over the land back to the rightful owner is more than sufficient to establish that land were forcibly taken. The mere fact that the Government has taken steps to revert the land back to the rightful owner does not efface or mitigate the offences of land grabbing. The persons who are responsible for such offences of land grabbing have to be brought to books and to be punished in the manner known to law," the Court underscored. The rightful land owner from whom the land has been grabbed is not only entitled to the possession being restored to him but the nature and character of the land as it existed prior to the same being grabbed has to be restored, the Court added.It further said that when such large-scale land grabbing is reported, undoubtedly the State being a welfare State has to pitch him and do the needful for the rightful land owners and not point fingers at the accused by stating that it is the accused who has to do remedial measures."The cases of land grabbing are not solitary cases but are alleged to be large scale land grabbing. Therefore, if lands have been grabbed and mutation has been done in the revenue records then it goes without saying that the State machinery is also involved in the process. Therefore, the State has a duty to compensate the victims of crimes apart from other relief measures," the Court opined..Sheikh had earlier drawn controversy on allegations that he was behind a mob attack on Enforcement Directorate (ED) officers in January this year, while they were en route to raid his residence as part of a ration scam probe.The Calcutta High Court on March 5 transferred the probe into the attack on the ED officers to the CBI..[Read Judgment]