The Calcutta High Court has clarified that the CBI and ED are free to arrest Shahjahan Sheikh, the prime accused in the Sandeshkhali unrest. The court emphasized that State police collaboration concerns do not hinder central agencies from taking action against the accused, missing for over 20 days.
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KOLKATA: The Calcutta High Court, on Wednesday, emphasized that central agencies such as the Central Bureau of Investigation (CBI) or Enforcement Directorate (ED) have the authority to apprehend Shahjahan Sheikh, the Pradhan of the Zila Parishad in Sandeshkhali and the prime accused in the ongoing unrest in the region. This clarification was provided by a division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.
The court’s decision came after Additional Solicitor General (ASG) SV Raju expressed concerns that the State police might collaborate with Sheikh upon his arrest, as he had been missing for over 20 days. The bench acknowledged the apprehension raised by ASG Raju, stating-
“The ASG apprehends that if the State police make an arrest, there is a likelihood of the case being diluted as the CBI and ED have serious reservations against the State police and there is an allegation of collusion with the absconding accused.”
The bench further clarified that the Attorney General (AG) had disputed such contentions, asserting that the accused had not been apprehended for a substantial period. The court emphasized-
“Therefore, it is well open to the CBI or ED also to arrest the absconding accused.”
It highlighted that a person elected to public office cannot defy the law, and any agency has the right to arrest the concerned individual.
Additionally, the court emphasized that there was no hindrance to the arrest of Shahjahan Sheikh. The earlier stay order on the investigation had only applied to the constitution of a Special Investigation Team (SIT), as objected to by the CBI due to concerns about potential information leakage.
The court clarified-
“Earlier, the bench had also reiterated that there was no stay on the arrest of Shahjahan Sheikh, and that the police authorities ought to arrest him in the cases registered against him.”
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