New Delhi: The arrest of Trinamool Congress strongman Sheikh Shahjahan by the West Bengal police after 55 days on the run is not the end of the Sandeshkhali saga. According to the BJP, remanding Shahjahan to 10 days instead of handing him over to the Enforcement Directorate is a way to provide him “legal protection”.
BJP national spokesperson Sudhanshu Trivedi said the leader, accused of land grab, extortion, and sexual violence, has moved from the “secular protection” of the TMC to the “legal protection” of the state police.
The central agency, whose officials were attacked by Shahjahan’s supporters during a house raid in January, also fears evidence tampering if the TMC leader is allowed to stay in police custody too long. This is why, within hours of the arrest, the ED moved the Calcutta High Court and urged an immediate hearing to transfer the case to the CBI.
From igniting a protest by Dalit and Adivasi women of Sandeshkhali in North 24 Parganas district, evading central agencies, driving BJP-TMC tussles ahead of the Lok Sabha election, to now setting off an agency-police legal battle, Sheikh Shahjahan has made constant headlines. And that’s why he is ThePrint’s Newsmaker of the Week.
Police vs ED
While the arrest offers Shahjahan brief respite from the ED, the police cannot shield him for long—a 15-day delay is likely the maximum.
The police secured custody for 10 days and can request a five-day extension, but after that, Shahjahan will have to face the ED. While the CBI cannot enter West Bengal for raids and arrests due to the Mamata Banerjee government’s withdrawal of the ‘general consent’, the ED does not face such limitations.
“In a criminal case, police remand can be extended only till 15 days. This is clearly a tactic by the (West Bengal) police to buy time and keep him safe. But after their remand ends, we will move the court and get his custody,” an ED official explained, speaking to ThePrint on the condition of anonymity.
But the ED cannot rest easy until it has Shahjahan’s custody. That’s because the West Bengal police could register a fresh case and re-arrest the TMC strongman, which will reset the 15-day count. This way, the police can potentially ensure his long stay in the state.
“Courts will have to intervene. This is clearly political and the state is protecting Shahjahan. We have seen how the police did not arrest him for 55 days. Now, if he is under arrest by the state police, he will have access to all the facilities and we fear he will tamper with evidence,” the official said, adding that the agency is certain “the police will try its best to keep him in custody so that we do not get his remand.”
On 5 January, an ED team went to Sandeshkhali to raid Shahjahan’s home in connection with an investigation into the alleged irregularities in the state’s public distribution scam. But Shahjahan’s supporters attacked the team, injuring three officials, while facilitating his escape.
On 8 February, protests broke out with villagers demanding the arrest of the strongman and his associates. The protesters, mostly women, accused Sheikh and two of his associates of land grabbing and sexual assault. Thereafter, clashes broke out between TMC and BJP supporters. Chief Minister Mamta Banerjee accused the BJP of bringing people from outside to “instigate violence” and fabricate an “Adivasi versus minorities fight”.
Police vs court
Despite the violence and the allegation against him, Shahjahan evaded arrest for nearly two months. Last week, the Calcutta High court expressed surprise, rebuking the police over its incompetence.
The Trinamool Congress claimed that a court order hindered Sheikh’s arrest. But on 27 February, a division bench of Chief Justice TS Sivagnanam clarified that the court had stayed the constitution of a joint special investigation team of the CBI and the West Bengal police, which a single bench had ordered to investigate the attack on ED officials.
“There is no stay on his arrest. A stay on investigation doesn’t mean a stay on arrest. There is an FIR registered, he is branded as an accused. He will have to be arrested,” the bench said.
Speaking to ThePrint, another ED official, also speaking on the condition of anonymity, said that the police deliberately delayed the arrest. “The police conveniently assumed that the stay was on the arrest. When the court pulled them up, they apprehended Sheikh within days. This shows they knew where he was all along and were protecting him,” the official said, adding the delay in arrest shows the “intent of the government”.
“Going by the logic of the TMC, the stay was in connection with the case of assault on ED officials. But what was stopping the police from arresting him in other cases? They just were looking for excuses to not arrest him,” the official said.
The story is still developing and regardless of political considerations, the West Bengal government, whose credibility is under question, must act. Salvaging its credibility demands fair action.
Views are personal.
(Edited by Prashant)