The Calcutta High Court on Wednesday stated that both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) have the liberty to arrest absconding Trinamool Congress (TMC) leader Sheikh Shahjahan, emphasizing that it is not solely the responsibility of the West Bengal police to apprehend him.
Shahjahan recently made headlines after facing accusations of sexual assault and involvement in land-grabbing activities in Sandeshkhali, alongside alleged connections to an individual implicated in the ration scam case.
This clarification came after the ED and CBI expressed serious reservations about the West Bengal Police handling the investigation into the allegations against the TMC leader.
Advocate General Kishore Datta brought the matter before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, seeking clarifications on a previous order issued on February 26, 2024.
During the hearing, Deputy Solicitor General (DSG) Dhiraj Trivedi, representing the ED, asserted that allowing the local police to investigate could potentially result in the destruction of evidence. “The single judge, in the order constituting an SIT to investigate the attack on ED officers, explicitly instructed the local police not to pursue the case. We fear that they may weaken the entire case against him,” Trivedi informed the judges.
Additionally, representing the CBI, Additional Solicitor General (ASG) SV Raju expressed serious concerns regarding the State Police’s capability to conduct a fair investigation into the case. “Our concern is that if the State Police arrests Shahjahan, they may undermine the case against him. Ultimately, if the investigation is transferred to the CBI… We also want his arrest, but not by an inappropriate agency. We have serious grievances against the State agency. We believe that the State Police are colluding and would hinder the progress of the case,” ASG Raju submitted.
ASG Raju emphasized to the Court that the CBI prefers an independent investigation and does not seek a joint probe with the State Police. Therefore, he urged the bench to address this issue on February 29, although the bench scheduled the hearing for March 4 as previously arranged.
However, the bench clarified that both the CBI and the ED are authorized to arrest Shahjahan. “An elected public representative who heads the Zilla Parishad cannot be allowed to evade the law,” the bench remarked.
The division bench also criticized the State for failing to arrest Shahjahan for over 50 days, highlighting that such a delay is unacceptable. This criticism followed the revelation by the ED that Shahjahan was shown as absconding in several cases of rape and other offenses over the past four years.
“Mr. AG, we observe numerous cases where even in minor offenses, an FIR is filed in the morning, and the accused are apprehended and detained by the afternoon. Your system is efficient, but it is illogical that this individual has evaded arrest for so long,” the bench commented.
Earlier on Monday, the Court clarified that there is no injunction on Shahjahan’s arrest, clarifying that only a single judge’s order to form an SIT to investigate allegations of ED officers being attacked during raids at Shahjahan’s residence last month was stayed.
“We reiterate that there is no prohibition on arrest. A stay on investigation does not imply a stay on arrest. An FIR has been filed, and he is identified as an accused. He must be apprehended,” the Court emphasized.
The State has maintained its stance of not supporting the absconding TMC leader.
Shahjahan is reportedly closely associated with Jyotipriyo Mallick, presently a State Minister for Forests, who was allegedly arrested in connection with the ration distribution scam in October 2023.
On January 5, 2024, approximately 200 locals reportedly surrounded and besieged ED officers who had arrived to raid Shahjahan’s residence in Akunjipara regarding the ration scam case. During the ensuing confrontation, ED officers sustained injuries. Subsequently, West Bengal Governor CV Ananda Bose called for Shahjahan’s arrest.
