‘CBI or ED can also arrest Shahjahan’

The Calcutta High Court on Wednesday clarified that the Central Bureau of Investigation (CBI) or Enforcement Directorate (ED) can also arrest Sheikh Shahjahan, who is the prime accused in the Sandeshkhali incident.

Chief Justice TS Sivagnanam observed: “The ASG (SV Raju) had apprehensions that if the state police make an arrest there is a likelihood of the case being diluted by the state police. As on date, what has been stayed by the court is on the constitution of SIT. Therefore it will be open to CBI or ED also to arrest the absconding accused. There are other cases registered against the accused where he has been shown to be an absconding accused. Therefore, a person who has been elected to a public office cannot defy law. Therefore, we leave it open to any of the agencies to arrest him.”

The Advocate General (AG) Kishore Datta on Wednesday submitted that an observation was made earlier which restrained the state police from proceeding the investigation and gives an impression as if there is a stay order of arrest. The court clarified that the observation cannot be read to be an impediment for arrest Shahjahan. “The state police cannot shrug the responsibility in not apprehending the person who has been on the run for more than 25 days,” Court stated.

The AG, in an earlier hearing, submitted that as many 43 FIRs had been registered, the earliest of which was registered four years ago and the last such FIR was registered in December 18, 2023. Out of 43 FIRs, 42 cases have resulted in chargesheet. The FIRs were registered under sections of Indian Penal Code (IPC) including section 376 (rape). To which, the Court stated that the manner of investigation and the provisions under which the chargesheets were laid is unclear. This aspect of the case, the Court stated, will be examined on a later date.