Sandeshkhali Case: Cal HC Scraps Sec 144, Asks Bengal Government To Respond On Charges Of Forceful Land Grab And Sexual Assault

Calcutta High Court on Tuesday taking suo moth cognisance of the developments in Sandeshkhali, has scrapped the prohibitory orders under Section 144 of CrPC imposed by the Bengal state government across Sandeshkhali, stating due processes were not followed by the state. Two separate benches had taken up the Sandeshkhali matters suo motu- while one bench overturned Section 144 CrPC, the other, based on media reports, took up the charges made by villagers, ranging from forceful land grab to cases of sexual harassment of women. Calcutta High Court bench of Justice Jay Sengupta was not satisfied with the state administration’s reasoning that the situation if had unfolded in specific areas, had thereafter warranted the need of clamping prohibitory orders across Sandeshkhali to maintain law and order.

“There are no mention of specific areas under tension and what was the scale of tension there…After this you will say there is tension in Kolkata and clamp Section 144 across the city…” Justice Sengupta observed while granting liberty to the state to pray for the promulgation of Section 144 in “exact areas of disturbance”.

In the other suo motu matter the court expressed dismay and shock over the serious allegations levelled against the Trinamool Congress local leaders by the women. Videos went viral showing women while talking to a TV channel, alleged that they were sexually exploited by TMC local leaders including now absconding Shahjahan Sheikh. “I am very much disturbed with what is going on in Sandeshkhali. It is very unfortunate. Allegations have surfaced that women were sexually assaulted at gunpoint and tribal lands were forcefully taken away,” Justice Apurba Sinha Ray said while appointing a high court advocate, as amicus curiae in the case. The court has directed the state police, administration and the state government to file reports before the court by February 20, when the matter will come up for hearing again.

Villages in Sandeshkhali have been on the boil for over 72 hours last week after villagers took to the streets in protest against absconding TMC leader Shahjahan Sheikh and his associates Sibu Hazra and Uttam Sardar. An angry mob had gone on a rampage and even set ablaze properties linked to Sardar and Hazra. TMC has meanwhile suspended Shahjahan Sheikh after allegations surfaced against him, Uttam Sardar has been arrested by police. Massive clashes had erupted between Police and political workers of BJP and CPI(M) after they had taken out a law violation program on Tuesday. BJP workers led by state president Sukanta Majumdar carried a protest march to Gherao the office of Police Superintendent in Basirhat, North 24 Paraganas on Tuesday. Confrontation with police after they were stopped, led to violence and police resorted to firing tear gas shells to disburse the crowd.