Calcutta High Court on Tuesday granted unconditional bail to former CPM MLA Nirapada Sardar, saying “the state should be ashamed” of the “heckling” and “torture” of the leader for 17 days and suggesting that the cops involved should be arrested immediately.
The court noted that although the complaint on the basis of which Sardar was arrested was lodged on February 10, the police had drawn up the FIR a day earlier. Sardar, a former MLA of Sandeshkhali, was picked up on February 11 on the charge of causing disturbance in the Sunderbans island on the basis of a complaint lodged by Bhanu Mandal, an aide of Trinamul leader Shib Prasad Hazra who is now in custody over gang-rape charges.
Justice Debangsu Basak, heading the division bench, expressed exasperation at the chronology. “The concerned police officers should be arrested immediately,” the judge said during the hearing of Sardar’s bail plea.
“It is unfortunate that the gentleman was literally heckled for 17 long days unnecessarily. The state should feel ashamed over the act,” Justice Basak said.
Justice Basak added: “The police will have to give proper clarification before wthe court. In any independent country, police cannot torture a citizen in this manner.”
The Telegraph had reported on Monday — on the basis of official records of the Assembly — that Sardar had flagged the alleged incidents of land-grab in Sandeshkhali, crimes against women and police inaction on villagers’ complaints as far back as 2012 and 2013.
In its order, the division bench, also having Justice Md. Shabbar Rashidi, directed the state to make arrangements so that Sardar is released from prison by Tuesday itself.
“If the petitioner is not released on Tuesday, the police will have to face contempt proceedings,” warned Justice Basak. Later in the day, Sardar, who was picked up from his south Calcutta home on February 11 and thereafter arrested, was released from Basirhat jail.
“The policemen involved in the issue should be arrested and prosecuted properly,” Justice Basak said.
The police had booked Sardar under various sections of the Indian Penal Code and the Prevention of Cruelty to Animals Act. The principal charges against him were rioting, theft and conspiracy.
Appearing for Sardar, senior advocate Bikash Ranjan Bhattacharyya said his client was first arrested on February 11. “On February 12, he was granted bail by a subordinate court. But soon after he obtained bail, the police arrested him again,” said Bhattacharyya, also a Rajya Sabha member of the CPM.
Appearing for the state, Rudra Nandi opposed the bail plea and said: “The second time Sardar was arrested was in connection with a fresh case.”
Police patrol a road in Sandeshkhali last week. Sourced by The Telegraph
The bench fixed the matter for hearing on March 1 and asked the chief of the Basirhat police district to file a report that day, explaining why the police had acted in such a manner.
Emerging from the Basirhat prison in the evening, 54-year-old Sardar said the people of Sandeshkhali had vindicated him.
“The people of Sandeshkhali have answered them (Trinamul)…. They should know that a much sterner response from the people awaits them,” he said.
“In the Assembly, on the floor of the House, I raised these core issues in 2013…. I raised them repeatedly. But not only did this Trinamul-led government not heed it, but I was also prevented from speaking; at times my microphone was snatched,” Sardar said, demanding answers on why prohibitory orders under Section 144 of the CrPC applied to everyone but Trinamul in Sandeshkhali.
Accusing the Trinamul dispensation of having shielded and sheltered Sandeshkhali strongman Sheikh Shahjahan for so long, Sardar said on Tuesday: “Is this a joke?”
CPM state secretary Md Salim said Trinamul should be ashamed of itself for having allowed the police administration to falsely frame Sardar and for introducing “jungle raj” in Sandeshkhali.
“The court not only rebuked them but also ordered them to fix responsibility and hold the concerned people accountable,” Salim said.
Trinamul state general secretary Kunal Ghosh said: “There must have been reasons for the arrest. There must have also been reasons, according to the court, for his bail.”
“Bail is a part of the legal processes. On that, we have nothing to say,” he added.
Asked specifically to respond to the castigation by the high court, Ghosh said it was for the police to consider. “We will not say anything separately on this right now. The police officers concerned will surely analyse them… and the state’s lawyers would duly inform the court,” Ghosh said.
In response to a question on the issues raised by Sardar in the Assembly in the past, Ghosh said it was not clear what the former MLA had said amid commotion in the House.
“For as long as Shahjahan was in Nirapadababu’s party, he was never mentioned. Only after Shahjahan switched sides, Nirapadababu’s conscience was awakened and he tried speaking in the Assembly…. We will not heed such drama. During a ruckus in the House, people cannot be clearly heard, that everyone knows,” Ghosh said.
“Had there been major allegations of this so-called reign of terror (in Sandeshkhali), why didn’t the CPM conduct a media conference from Alimuddin Street back then?” he asked.
Abhishek response
Trinamul national general secretary Abhishek Banerjee on Tuesday issued a statement on X, responding to Calcutta High Court’s observation on Monday that there was no bar on arresting Shahjahan.
“BJP & ANTI BENGAL Media reaped the benefits of this EMBARGO like true opportunists!” he wrote, referring to the clarification from a division bench led by Chief Justice T.S. Sivagnanam that the Bengal police were never barred from arresting Shahjahan. On Sunday, Abhishek had claimed that a February 7 order from the court had kept the state administration from making the arrest.
“CHRONOLOGY: STAY given on 7th. VIOLENCE and VILIFICATION began the following day, on the 8th,” wrote the Diamond Harbour MP. “With yesterday’s clarifications from Calcutta HC, I’m confident justice will soon prevail,” he added.
