High Court rebukes Bengal over Sandeshkhali: “Even if 1% True, 100% Shameful”

The Bengal High Court issued a strong rebuke to the government of Chief Minister Mamata Banerjee on Thursday, during proceedings concerning affidavits requesting investigations into allegations of extortion, land seizure, and sexual assault in Sandeshkhali ahead of the Lok Sabha election.

Chief Justice TS Sivagnanam, heading the bench, directly addressed the Trinamool Congress led by Ms Banerjee, emphasizing that they cannot evade responsibility if the accusations, particularly those implicating Sheikh Shahjahan, a local leader and primary suspect, are proven true. The Trinamool Congress has faced significant criticism for allegedly protecting Shahjahan amidst these allegations.

“Even if one affidavit is correct, it is shameful. Even if one per cent is true it is shameful. West Bengal says it is safest for women. Even if one affidavit is proven to be right all of this falls,” he said, “Entire district administration and the ruling party have 100 per cent moral responsibility”.

The court also criticized the lawyer representing Sheikh Shahjahan, who had been apprehended on February 29 after eluding authorities for almost two months. The delayed arrest sparked a backlash against the Bengal government, leading the High Court to issue a direct order to the state.

“(55) days you were on the run… playing hide-and-seek. Then you took an obscure stance. (Just because) you close your eyes the world doesn’t become dark,” the Chief Justice said.

Shahjahan’s lawyer responded: “I was told to be absconding (while) bail plea was pending.”

The court eventually reserved its verdict on this matter.

In previous hearings, the court held Bengal Police to be “totally biased” and called for a “fair, honest, and complete investigation” into allegations against Sheikh Shahjahan. “There can be no better case than this… which requires to be transferred (and) to be investigated by the CBI,” it observed.

The focus today centred on petitions requesting intervention in various forms, such as through a court-appointed commission or via the National Human Rights Commission, to enable the women of Sandeshkhali to voice their complaints without fear of reprisal. BJP leader Priyanka Tibrewal, representing the petitioners, highlighted the challenges many encounter when attempting to file such complaints.

In focus today were petitions seeking intervention in some form or the other – either through a court-appointed commission or via the National Human Rights Commission – to allow the women of Sandeshkhali to make their complaints without fear of repercussion. BJP leader Priyanka Tibrewal, arguing for the petitioners, underlined the difficulty many face in filing those complaints.

“I have gone there… it is burdensome for them to come to Kolkata. I have suggested a website to make it easier for them,” she said in response to the court saying, “The suggestion is to have a commission where people can approach and voice grievances. Another is for NHRC to intervene.”

“Both commission and website can be done. I went alone… I have seen that the rule of law is broken. (This is) not a political opinion. The land was also grabbed. It was a violation of human rights,” she said.
Ms Tibrewal also said she had received complaints from scores of women but was refraining from naming them over concerns of reprisal. “There was a lady who went to visit her father… she was taken in daylight and raped by (Sheikh) Shahjahan and other workers,” she claimed.

Ms. Tibrewal’s compelling arguments prompted the court to make a pointed remark about “moral responsibility.”

The case against Sheikh Shahjahan is presently being handled by the Central Bureau of Investigation (CBI).

In a separate development, the Enforcement Directorate has announced that it has provisionally attached movable and immovable assets worth Rs12.78 crore in connection with the Sheikh Shahjahan case.

The Sandeshkhali issue has become the primary target of criticism for the Trinamool Congress. Opposition parties have accused Ms Banerjee of shielding Sheikh Shahjahan. In retaliation, the Trinamool has pointed to Brij Bhushan Singh, a sitting BJP MP and former wrestling body chief, who faces allegations of sexual assault by women wrestlers.

Furthermore, the BJP has taken action by nominating one of the women who has accused Sheikh Shahjahan of sexual assault, Rekha Patra, as a candidate from the Basirhat seat, which includes the island of Sandeshkhali.

The Sandeshkhali case came to the forefront on January 5 when an Enforcement Directorate (ED) team en route to conduct a raid was assaulted by a mob of supporters of the now-suspended Trinamool leader. Following the attack, Sheikh Shahjahan fled, leaving several officers of the probe agency injured.

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