WB Polls | Calcutta High Court Questions Need For ECI Order To Arrest 'Troublemakers' When Law Already Covers Offences, Reserves Verdict

The Calcutta High Court on Wednesday (April 22) orally asked the Election Commission of India the need for it to direct arrest of "trouble makers" ahead of West Bengal polls, when there are laws in place governing such offences along with statutory authorities who are duty bound to carry out the law. The court posed the query to the poll body while hearing a PIL alleging that the ECI has "secretly" prepared a list of so-called “trouble makers” to arrest political workers of the ruling TMC Party ahead of assembly elections. After hearing all the parties, the court reserved its verdict. The petition, filed by advocate Md. Danish Farooqui, claims the alleged list predominantly contains workers, office-bearers and elected representatives associated with the ruling All India Trinamool Congress. It contends that any such arrests, without specific criminal cases or lawful grounds, would amount to a direct assault on personal liberty and the democratic process.Notably, the elections in the State are slated to be held tomorrow i.e. April 23 and on April 29. During the hearing, senior advocate Dama Sheshadri Naidu appearing for ECI submitted before a division bench led by the Chief Justice Sujoy Paul that there were "emergent circumstances" which required poll body to take steps, which is permissible under Article 162 of the Constitution. He also submitted that the information was sensitive and secretive and its disclosure could cause calamitous circumstances.At this stage the Chief Justice orally asked, "If there is an offence, they are described under the Acts, and there are statutory authorities who are under a duty to carry out the law. Those authorities have to power to ensure fair elections take place. Then what is the need for such an order?".To this, Naidu said that the order was needed to inform all in the administration that these persons "cannot interfere" with any electoral process and to ensure the accountability of all those in power."Judicial officers were held at gunpoint and gheraoed. The Supreme Court had come down heavily on us. They said it was our duty to take all steps necessary," Naidu emphasized.ECI has no power to order arrestsDuring the hearing, senior Advocate Kalyan Bandopadhyay appearing for the petitioner argued that the ECI has no right to make arrests and that this power only lies with the police officers.He further said that a magistrate can direct arrest, but questioned if ECI can take away people's freedom."Can the ECI take away people's freedom? Can the ECI abdicate the duties of a magistrate (directing arrest)? Nowhere in the country this is happening…only in West Bengal," Bandhopadhyay emphasized.He further argued that preventive detention has clear laws. He said that while patrolling can be ordered however questioned if arresting people was the right way. He further said that ECI cannot use the power of prevention detention and its use by the poll body amounts to coercion."They are not above the Constitution...ECI is threatening everyone...these sweeping directions are a direct affront to the personal liberties if individual citizen and can only be achieved under the law. This is extraneous to the election process and is a colourable exercise of power. The power of preventive detention is a draconian power. And can be exercised under specific statutes that are under the courts scrutiny. The ECI cannot use these powers. This is a form of duress and coercion. Police officers are not to act under the ECIs extraneous directives," he said. He further said that members of one political party are being picked up and are being branded as "Trouble makers". This, Bandopadhyay said, creates a "profound chilling effect" on the democratic process. He said that this will create an impact on other workers of the party who want to participate in legitimate democratic activities, and such action further compromises the integrity of the election process.Bandhopadhyay said that "time was short" and the ECI was using this to ensure that petitioners cannot approach the court. The senior advocate argued that ECI is misusing and abusing its power, therefore it's "entire action is a fraud on power and vitiates all actions". He further said that there was no difficulty if anyone who has committed a cognisable offence is picked up. Questioning the deployment of CISF and CRPF for elections in the State, Bandhopadhyay said:"By issuing a blanket order without any basis, they are taking away the liberty of persons. ECI has its own circle. Why have you brought all this CISF and CRPF? You are taking away party's workers and members. You won't let them vote. What are you trying to do? Does democracy still exist in this country?". No term as Troublemaker used in any lawMeanwhile appearing for the West Bengal government, Advocate General Kishore Datta said that he was supporting the PIL petitioner, adding that irrespective of Article 324 (Superintendence, direction and control of elections to be vested in EC) of...

WB Polls | Calcutta High Court Questions Need For ECI Order To Arrest 'Troublemakers' When Law Already Covers Offences, Reserves Verdict

Srinjoy Das

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