Calcutta High Court Reserves Judgment In BJP's Plea Challenging Single Bench Order Declining Plea To Deploy Central Forces For Kolkata Municipal Elections

The Calcutta High Court on Friday reserved judgment in the appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation election is scheduled to be held on December 19.A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj orally remarked, "We will pass an order but we will not assemble for the order since tomorrow is a holiday. The order will be uploaded on the website by today or tomorrow". The Bench further observed that they will not be disposing of the plea and that the next hearing will take place on December 23. "We have kept it pending to see if what has been stated in this Court is being complied with", the Chief Justice remarked further. Submissions on behalf of BJPThe senior counsel appearing for the BJP stated that the instant plea had been filed not only with regards to certain candidates of the BJP but included an all-encompassing prayer to ensure that there are free and fair elections with the assistance of central forces. He further stated that there is a 'deep apprehension' not only to the lives of the contesting candidates but also to the lives of the voters who form the backbone of the democracy. Reference was also made to the post poll violence that had taken place during the State Assembly elections back in May 2021. "Our plea had germinated out of the post poll violence that took place in May and is continuing even now..there is grave apprehension and fear in participating and even voting in any election where the ruling party is involved", the senior counsel remarked. He further apprised the Bench that pursuant to an order of the High Court dated August 19, the Central Bureau of Investigation (CBI) had been instructed to investigate cases related to murder, rape and crime against women. The Bench was also informed that a Special Investigation Team (SIT) had been constituted to investigate into the other criminal cases related to post poll violence."Subsequently 4000 FIRs had been registered by the SIT..voters cannot come and vote..the apprehension has to be taken into consideration", the senior counsel remarked further. He also placed reliance on the report submitted by a 7 member NHRC committee that had been instructed to examine complaints filed by persons who were allegedly displaced during the post-poll violence in West Bengal. The senior counsel argued that the NHRC committee had stated in the report that the widespread violence had taken place on account of political vendetta. "Everyday writ petitions are being filed that people are not being allowed to go home..what is the change in circumstances?", the senior counsel remarked further referring to the post poll violence. It was also pointed out to the Bench that one of the contesting candidates from the ruling party is an accused in the case of murder of Abhijeet Sarkar, a BJP worker who had been killed during the post poll violence. It was further submitted to the Court that the in the year 2013 the State Election Commission had themselves approached the High Court seeking deployment of central forces (CAPF) in light of the prevailing law and order situation, however, no such plea has been made by the Commission now even when circumstances are far worse. Assailing the impugned order, the senior counsel further contended that the Single Judge was under a 'misconception' that the plea had been filed by 4 contesting candidates of the BJP when in fact the plea had been filed only by the BJP party seeking expansive relief in order to ensure free elections. He referred to the impugned order wherein the Single Bench had refused to deploy central forces by observing that the grievance of the four petitioners had been attended to. "Having heard the Counsels appearing on behalf of the respective parties, this Court is of the view that the Commissioner of Police has taken steps. Security has been provided to the four petitioners. Additional and further security, if necessary, shall also be provided by the Commissioner of Police, Kolkata after reviewing the four cases before the day of Election", the impugned order had stated. Opining further on the impugned order, the senior counsel further remarked, "The entire conception was that four people had come and they had been protected..which cannot be taken as gospel truth for disposing of my writ petition". Reliance was also placed on the Supreme Court judgment in All India Trinamool Congress v. State of Tripura wherein the Apex Court had directed for the deployment of Central Armed Police Force(CAPF) personnel during the local body elections in Tripura in view of the alleged widespread acts of violence. Urging the Court to permit the deployment of central forces, the senior counsel further submitted, "I have to exercise my franchise without any fear and that fear won't go...

Calcutta High Court Reserves Judgment In BJP's Plea Challenging Single Bench Order Declining Plea To Deploy Central Forces For Kolkata Municipal Elections

Aaratrika Bhaumik

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