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“No sympathy for that person”: Calcutta HC declines to list bail plea of TMC bāhubali Sheikh Shahjahan, facing 43 charges like rioting, sexual assault, his arrest after 2-months on the run highlights a major clash between state power & judicial authority

The bench said that there are so many cases filed against Sheikh Shahjahan that the lawyer will be busy with his cases for the next 10 years, and he will not have time for any other case
 |  Satyaagrah  |  Law
"No Sympathy for That Person": Calcutta HC Declines to List Bail Plea of TMC Strongman Sheikh Shahjahan Urgently, Says His Lawyer Will Be Busy for 10 Years
"No Sympathy for That Person": Calcutta HC Declines to List Bail Plea of TMC Strongman Sheikh Shahjahan Urgently, Says His Lawyer Will Be Busy for 10 Years

In a rather dramatic series of events that could rival the plot of a blockbuster movie, Sheikh Shahjahan, known for his formidable presence in the TMC, found himself in a tight spot. After a period marked by his aggressive confrontations with ED officials and the outcry of Sandeshkhali's women, who bravely stood against him accusing the leader of sexual assault and unjustly taking their land, the law finally caught up with him. His arrest by the West Bengal Police in the early hours of a Thursday was a scene many had been waiting for.

Following this, Shahjahan's legal team made a beeline for the Calcutta High Court, seeking bail. However, the court was not in the mood for expedited processes, outright refusing to prioritize his plea and sternly criticizing the politician for his nearly two-month-long evasion from justice.

The Calcutta High Court's session on Thursday was anything but ordinary, as it refused an urgent hearing for the bail plea of Trinamool Congress (TMC) leader Sheikh Shahjahan, who was arrested the night before by the West Bengal police. His arrest came after allegations surfaced of his involvement in sexual assault and encroaching on lands in Sandeshkhali village, painting a grim picture of his actions.

In a courtroom scenario that felt charged with anticipation, Shahjahan's lawyer stood before a bench led by Chief Justice TS Sivagnanam, hoping to tilt the scales in favor of his client. The lawyer, in an attempt to draw attention to the judiciary's prior critical stance on Shahjahan, highlighted the court's observations, stating, "Certain observations were made by your Lordships against my client," in hopes of influencing a reconsideration. However, the court's decision remained firm, setting a precedent for accountability and justice.

In a courtroom scene that could easily have been mistaken for a satirical play, the exchange between Chief Justice Sivagnanam and Sheikh Shahjahan's lawyer provided a moment of stark reality mixed with a hint of irony. "Wonderful, we were waiting for you," the Chief Justice quipped, a remark dripping with sarcasm, highlighting the TMC strongman's knack for staying out of reach until his recent capture.

The lawyer, perhaps hoping for a sliver of leniency, brought up Shahjahan's anticipatory bail plea, which hung in limbo at the time of his arrest. However, the Chief Justice, unamused by the attempt, laid out the stark reality of Shahjahan's legal woes. "Mr. counsel, this man (Shahjahan) has some 43 cases against him. Mind you, now for the next 10 years this man will keep you busy. You will have to handle all his cases till the next 10 years at least," he remarked, painting a not-so-rosy picture of Shahjahan's future, which seemed to be booked with court dates rather than any other engagements.

The attorney, undeterred or perhaps not fully grasping the gravity of the situation, pressed on, urging the bench to consider his plea. "Milords, my anticipatory bail was rejected. I am arrested last night. I cannot mention now before the regular bench (of the High Court)," he submitted, a plea that seemed more like a student asking for an extension on an overdue assignment than a lawyer defending a client with a hefty dossier of charges.

However, the Court's stance was as immovable as a mountain. Indicating a clear lack of urgency or sympathy for Shahjahan's case, the Chief Justice delivered the final blow. "Come on Monday. We have got no sympathy for that person (Shahjahan). Please come on Monday not now," he stated, making it abundantly clear that the court saw no reason to rush or bend the rules for someone who seemed to have played fast and loose with the law.

In a twist that could only be described as "too little, too late," Sheikh Shahjahan's run from the law came to an abrupt halt, courtesy of the West Bengal police. This arrest followed closely on the heels of the High Court's announcement, which essentially rolled out the red carpet for the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to join the chase. This invitation to apprehend the elusive TMC leader, who seemingly had a VIP pass to the most wanted list, especially with whispers of his involvement in a ration scam case, added a new layer of intrigue to the saga.

The courtroom drama escalated the day prior when the Court, in a moment of exasperation, chastised the State for its prolonged inaction. Over 50 days had passed, and Shahjahan, with a flair for the dramatic escape, remained at large. The bench's frustration was palpable as it declared the State's negligence in capturing a fugitive who seemed to vanish into thin air, underscoring the seriousness of their lapse.

Adding to the courtroom's suspense, the ED revealed a startling statistic: out of 43 cases of serious allegations including rape, lodged over the last four years, Shahjahan was a master of disappearance in several. This revelation only added fuel to the fire, highlighting the urgency of the situation.

In a subsequent development, the Court found it necessary to state the obvious: there was no magical shield protecting Shahjahan from arrest, a clarification that might have prompted some to wonder if the TMC leader had been playing a game of hide-and-seek under the law's very nose.

Amidst this legal turmoil, the State attempted to wash its hands of any allegiance to the fugitive leader, a move seen by many as a belated attempt to distance itself from the controversy.

Adding a layer of complexity, the ED and CBI voiced their skepticism regarding the West Bengal Police's commitment to thoroughly investigating the allegations against the TMC stalwart. This lack of confidence hinted at a tangled web of politics and justice, leaving observers to ponder the true extent of Shahjahan's influence and the challenges in bringing him to account.

In a nocturnal operation that would make any detective novel proud, Sheikh Shahjahan was nabbed by the West Bengal police from his hideout in the Minakhan area of North 24 Parganas. His capture, executed stealthily after midnight and formalized by dawn, led to a swift presentation before the Basirhat Court. Despite the police's wish for a two-week window to unravel the mystery surrounding Shahjahan's escapades, the court sanctioned a 10-day interrogation period. The anticipation now builds for 10th March, when Shahjahan will once again face the judicial music.

Shahjahan's list of charges reads like a menu of misdemeanors and felonies, featuring items such as 147 (rioting) and 148 (armed with a deadly weapon). Clearly, Shahjahan's activities were not just limited to playing the role of an elusive fugitive but spanned a gamut of criminal endeavors.

In a twist that could easily be mistaken for a plot hole in our ongoing saga, the ADG (South Bengal), Supratim Sarkar, put forth a narrative claiming Sheikh Shahjahan's arrest was contingent on the lifting of a supposed stay order. This narrative, however, crumbles under the weight of the truth, as the High Court had been vocal and clear in its directives. It had repeatedly stated there was no magical shield of a stay order protecting Shahjahan from arrest. In a move that seems to be pulled straight from a courtroom drama, the court took the initiative to clarify this misconception, emphasizing that the West Bengal police, alongside the CBI and ED, had the green light to apprehend Shahjahan without any legal hindrances. The court had indeed mentioned a Special Investigation Team (SIT) comprising members of the CBI and state police, but let it be known that this was not a cloak of invisibility for Shahjahan, leaving no room for excuses or misinterpretations regarding his arrest.

On the 20th of February, the Calcutta High Court delivered a scathing rebuke to the Mamata Banerjee-led West Bengal government for its inaction in capturing the elusive Trinamool Congress (TMC) leader Sheikh Shahjahan. Known for stirring the pot of violence and chaos in Sandeshkhali village, Shahjahan seemed to be playing a high-stakes game of hide-and-seek, much to the court's dismay. The judges made it abundantly clear, "He (Sheikh Shahjahan) cannot be encouraged by State dispensation. There is a prima facie material to show he has done damage…" This statement underscored the court's frustration with Shahjahan's continued liberty, hinting at the absurdity of a public servant turned public menace.

The courtroom's air was thick with disbelief as the judges pondered over Shahjahan's audacity. "This person cannot be on the run. Obviously, there will be law and order problem. He is a public representative. He cannot be defying law. Let’s see whether he can appear before the Court," they mused, laying bare the irony of a lawmaker turned lawbreaker. It was a moment of judicial exasperation, calling out the farcical nature of a public representative who seemed more inclined to challenge the law than uphold it.

In a decisive move, the Calcutta High Court then threw down the gauntlet, directing Shahjahan to cease his escapades and present himself to the authorities. "In the suo motu matter, we will ask him to surrender here… One person cannot hold entire population to ransom," declared the court, effectively putting an end to Shahjahan's reign of disruption. This directive served as a reality check, reminding everyone involved that no single individual, regardless of their political or social standing, is above the law, a principle that Shahjahan seemed to have forgotten in his escapades.

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