Introduction:
The Calcutta High Court, in a suo moto matter, addressed the disturbing allegations of atrocities in Sandeshkali, West Bengal. The case involved heinous acts, including alleged rape at gunpoint and the illegal acquisition of tribal land by members of the ruling dispensation, notably Pradhan Shahjahan Sheikh. A division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya presided over the plea, implicating various authorities and Sheikh himself as party respondents.
Arguments of Both Sides:
Advocate Priyanka Tibrewal, representing the victims, highlighted the victims’ reluctance to approach the police due to their association with the accused. The Court suggested involving the District Legal Services Authority (DLSA) to register complaints. On the issue of ministers visiting the area during Section 144 imposition, the Court expressed concern, emphasizing the need for law to take its course and discouraging undue advantage of conditional exceptions.
The Court clarified that there was no stay order on Sheikh’s arrest, emphasizing the urgency of apprehending him in the criminal cases registered four years ago. The amicus curiae was granted permission to provide a comprehensive report on the gathered information regarding the events in Sandeshkali.
Court’s Judgement:
The Calcutta High Court, in its suo moto proceedings, took a strong stance, directing the authorities, including the State, CBI, and ED, to address the atrocities promptly. The bench emphasized that there was no impediment to Sheikh’s arrest and urged law enforcement to act swiftly. Additionally, it allowed the DLSA to register complaints on behalf of victims, considering their apprehension in approaching the police directly.
The Court’s observation on the visitations of political figures during Section 144 imposition underscored the importance of respecting legal protocols and preventing undue disturbances in an already tense situation. The amicus curiae’s role in furnishing a comprehensive report aimed to ensure a thorough understanding of the events in Sandeshkali.