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In the West, the law has tightened its grip on Shahjahan Sheikh, who was expelled from TMC. The local court on Thursday sent Shahjahan to police custody for 10 days. The High Court has also indicated to be strict. Shahjahan and his associates are accused of attacking the Enforcement Directorate team in Sandeshkhali. Local women are also alleging sexual harassment and have been agitating for a month. The sections under which the police have registered the FIR against Shahjahan are very serious and have provisions for punishment up to life imprisonment. Will also be punished with fine.
Sandeshkhali accused Shahjahan Shaikh has also been accused of land grabbing and sexual harassment in Sandeshkhali. He was arrested on Thursday morning. Section 144 has been imposed in Sandeshkhali and surrounding areas till March 3. Shahjahan Sheikh has several criminal cases registered against him, including the murder of three BJP supporters and assault on electricity department employees. Shahjahan has been charged under IPC sections 147, 148, 149, 341, 186, 353, 323, 427, 379, 504, 307, 333, 325, 326, 395, 397, 34. Know how much punishment is there in these sections?
Section 307: There is a provision for punishment for attempt to murder. If a person tries to murder another person, he can be imprisoned for up to 10 years. Besides, financial penalty will also be imposed. If such an act causes injury to a person, the culprit can be sentenced to life imprisonment. If a criminal who has been sentenced to life imprisonment under this section causes hurt, he can be awarded death penalty. This offense is non-bailable and is triable in the Sessions Court.
Also read: What does the arrest of Sheikh Shahjahan mean before Modi’s visit?
Section 326: That act has been considered a crime, in which serious injury is voluntarily caused by dangerous weapons or means. Such as using any instrument or weapon for shooting or stabbing, cutting or doing anything that is likely to cause death. Apart from this, if there is difficulty in breathing due to serious injury caused by fire or any hot substance, poison or any explosive or if harm is caused by an animal, then punishment will be given. In this, the culprit can be sentenced to life imprisonment or it can be extended up to ten years. Will also be punished with financial penalty. This is a non-bailable and cognizable offence. Triable by first class magistrate. Triable by the Sessions Court in Madhya Pradesh.
Section 395: Anyone who commits robbery can be imprisoned for life. Rigorous imprisonment for a term which may extend to ten years. Will also be liable for financial penalty. This is a non-bailable and cognizable offence. Triable by the Sessions Court.
Section 147: Section 147 of the Indian Penal Code (IPC) provides for punishment for rioters. In such cases, the person guilty of rioting can be punished with jail up to two years or fine or both. The crime of rioting is considered when five or more people gather in an illegal assembly and commit violence. It is a bailable, cognizable offense and triable by any Magistrate.
Section 148: Whoever commits a nuisance by carrying any deadly weapon or any thing capable of causing death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. This is a bailable and cognizable offence. Triable by first class magistrate.
Also read: Ranbhoomi: What is the message hidden in Shahjahan Sheikh’s arrogance?
Section 149: All crimes against public peace are explained. Under this section, action is taken especially against unlawful assembly. Every person taking part in any illegal gathering will be considered a participant in the crime. In simple language, if an offense is committed by any member of an unlawful assembly, then every other member of such assembly will be guilty of that offence. Punishment is given according to the crime. The crime itself decides whether the case is cognizable or non-cognizable. Its bail, cognizance and court action will be according to the crime.
Section 333: The crime under this section is considered very serious and big. Whoever, in order to distract any public servant from his duties or to prevent that person or any other public servant from discharging his duty, voluntarily causes grievous hurt, shall be punished. The guilty can be imprisoned for up to 10 years. Besides, financial penalty will also be imposed. This is a non-bailable and cognizable offence. Triable by the Sessions Court.
Section 325: Whoever voluntarily causes grievous hurt to another person shall be punished with imprisonment of either description for a term which may extend to seven years. Besides, he will also be liable for financial penalty. This is a bailable and cognizable offence. Triable by any Magistrate. This crime can be compromised by the victim with the permission of the court.
Section 397: If during robbery or dacoity the offender causes serious injury to any person or tries to cause death of any person, he can be punished with rigorous imprisonment for a minimum period of seven years. Also fine can also be imposed. This is a non-bailable and cognizable offence. Triable by the Sessions Court.
Also read: Another blow to Shahjahan Sheikh after his arrest, CM Mamata expelled him from the party for 6 years
Section 341: Section 341 is imposed for wrongfully stopping a person. The culprit may be punished with simple imprisonment up to one month or a fine of Rs 500 or both. This is a bailable and cognizable offence. Triable by any Magistrate.
Section 186: Obstructing the work of a public servant (government work) has been defined. In this, the punishment will be three months imprisonment or a financial fine of Rs 500 or both. It is a bailable and non-cognizable offence. Whereas in Andhra Pradesh this crime is cognizable. Triable by any Magistrate.
Section 353: There is a provision for punishment for assault, assault or use of criminal force on a person performing his duty as a public servant. If found guilty, he can be punished with imprisonment up to two years or fine or both. This is a non-bailable and cognizable offence. Triable by any Magistrate.
Section 323: Whoever voluntarily causes hurt to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both. It is a bailable and non-cognizable offence. Triable by any judge.
Section 427: If someone causes damage to a car by causing dents and scratches to it and the cost of repair is estimated to be fifty rupees or more, then the culprit will be punished with imprisonment of up to two years or fine or both. It is a bailable and non-cognizable offence. Triable by any Magistrate. This offense is compoundable by the victim, if the loss or damage is caused to a private individual.
Also read: Women celebrated the arrest of Shahjahan Sheikh in Sandeshkhali, watch video
Section 379: There is a provision for punishment for theft. Any person who commits the crime of theft can be punished with imprisonment for up to 3 years or with fine or both. This is a non-bailable and cognizable offence. Triable by any judge. Compromise can be made by the victim/property owner.
Section 504: Whoever intentionally insults any person with intent to provoke him and knowingly or knowingly that such provocation is likely to cause breach of public peace or other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine. Will be punished with fine or both. It is a bailable and non-cognizable offence.
Section 34: When several persons commit a criminal act with the same intention, each of them shall be liable for the act in the same manner as if he had committed the act alone. The punishment for any crime is not mentioned in this section. This section describes a crime which has been committed along with some other crime.
‘You will spend 10 years in court’
There are 43 cases registered against Shahjahan. But in most of the cases, either the charge sheet of the case is not available or the investigation against Shahjahan is pending. Aaj Tak has documents which prove how despite several cases being registered, the administration did not take any action against Shahjahan. On Thursday, the Calcutta High Court also took note of this aspect and refused to hear the bail petition immediately. There are about 43 cases registered against Shahjahan. The High Court told the lawyer, we were waiting for you to appear. On this the lawyer said that Shahjahan was arrested last night. We want an early hearing on the four bail petitions pending in the lower court. On this, HC Chief Justice TS Shivagananam reprimanded and said that we have no sympathy for this person. Will have to go to court for the next 10 years. There will be a hearing. The hearing will continue. Then the decision will come. The High Court said, lawyer sir, you will have a lot of work for the next 10 years. You will be very busy. Come for the next hearing on Monday.
‘Shahjahan also accused of murder of three BJP supporters’
Let us tell you that in June 2019, Debdas Mandal, his father Pradeep Mandal and one Sukant Mandal were murdered. All three were allegedly BJP supporters. In this case, an FIR was registered against Shahjahan and 24 others at Najat police station. It was told in the FIR that Shahjahan was leading a group of about 150 people. The people of this group had deadly weapons in their hands. These people entered Mandal’s house and vandalized the furniture. Debdas Mandal’s father Pradeep Mandal was allegedly murdered and then the house was set on fire. When Debdas Mandal tried to escape, he was caught and beaten. About two years later, his body was found on the banks of a river in the area. Another group of people entered the shop of a person named Sukant Mandal and murdered him. Aaj Tak has come to know that the charge sheet of this case is not available. An FIR registered against Shahjahan has been removed.
Also read: Sometimes charge sheet missing, sometimes FIR… Shahjahan Sheikh kept escaping despite serious allegations.
‘Police neither interrogated nor took action’
Further, it was found that the police officials have not seized any incriminating material in their investigation. Sheikh was never even interrogated. Investigation is pending against Shahjahan in another case registered under the Arms Act. Of the 23 people named in the FIR, only 6 have been charged. On August 25, 2022, another case was registered against Shahjahan. 10 people entered the WBSEDCL (State Electricity Distribution Board) station manager’s office in Sarberia and beat up some employees. Many employees were injured in this incident. The charge sheet in this case was filed on October 15, 2022 and a court had also issued a warrant. However, no further action was taken.
‘Also accused of beating policemen’
Another FIR was registered in the same case when 700 people led by Shahjahan blocked Basanti Highway in Sarberia in protest against high electricity bills. The protest turned violent when the crowd clashed with the police and started pelting stones at the police. Some policemen were also beaten up during the clash. However, no action has been taken against the Trinamool leader.
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