Calcutta High Court Halts Election Commission’s Order Against ‘Troublemakers’
The Calcutta High Court took a significant step on Wednesday by temporarily blocking an order issued by the Election Commission, which had labeled around 800 individuals as “troublemakers.” This order had instructed the West Bengal director general of police (DGP) to take preventative measures before the first phase of polling.
In a ruling by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, the court found that the police observer had made a mistake by broadly categorizing certain citizens as troublemakers. The court has stayed the order from April 21 until June 30. This decision came after a public interest litigation (PIL) was filed by advocate Md Danish Farooqui, who argued that people’s fundamental rights would be jeopardized by such a designation.
The judges stated, “We believe that the police observer erred in issuing a blanket directive. We have decided to pause the effects of the order until the end of June or until further notice.”
Senior advocate Kalyan Bandyopadhyay, representing the petitioner, pointed out that the Election Commission of India (ECI) does not have the authority to label certain people as troublemakers and direct police to act against them. He mentioned that this list includes many elected representatives, including MPs, MLAs, and local council members.
In response, senior advocate D.S. Naidu, representing the ECI, emphasized that the Commission’s goal is to ensure free, fair, and peaceful elections. He stated that the police were reminded of their duties to maintain order, and the ECI had not asked them to act outside the legal framework.
In a memo dated April 21, titled “Preventive action against persons involved in voter intimidation,” the police observer noted that those listed were allegedly intimidating voters and disrupting the electoral process. The observer requested police to take immediate action after careful consideration and in accordance with the law.
Following this directive, Central Armed Police Forces (CAPF) personnel conducted visits to the homes of individuals deemed “troublemakers,” cautioning them publicly and holding marches in the area to encourage residents to vote without fear.
For example, a CAPF team visited the home of Asmaiul Shaikh in Murshidabad district, warning him against participating in any poll-related violence and urging local residents to remain vigilant. A similar visit occurred for Sandeep Ghosh in Birbhum district, where the team advised his family to keep him from intimidating anyone.
This initiative, referred to as Operation Trust, has been conducted in various locations throughout the state, with officials sharing updates and videos of the efforts on social media.
In another development, the Election Commission adjusted its earlier ban on motorcycle use during the election period. They have now permitted two-wheelers for service providers like Ola, Uber, and home delivery services, while still restricting motorcycle rides for the general public during certain hours before polling.
The state CEO had initially prohibited motorcycle movement between 6 PM and 6 AM two days prior to each polling phase, allowing exceptions only for emergencies. The EC is also requiring all police stations in regions holding elections to confirm that no outsiders are present in the area 48 hours before voting. However, hotel operators in tourist destinations like Darjeeling reported no such mandates regarding tourists needing to leave their accommodations.
