The Calcutta High Court paused an Election Commission order to identify nearly 800 Trinamool Congress workers and leaders ahead of the April 23 and 29 West Bengal Assembly polls, ruling that no preventive arrests can be made against them until June 30.
The Calcutta High Court on Wednesday paused an Election Commission order to identify nearly 800 Trinamool Congress workers and leaders ahead of the April 23 and 29 West Bengal Assembly polls, directing that they cannot be preventively arrested until June 30.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen said that while authorities were barred from carrying out advance arrests as a precautionary measure, action could still be taken if any individual was found involved in criminal activity.
“They cannot be arrested in advance,” the bench observed, while clarifying that law enforcement agencies remained free to proceed “as per law” in specific cases.
The matter came up during the hearing of a plea filed over fears that around 800 TMC members could face preventive detention ahead of polling after being identified on the basis of directions allegedly issued by the Election Commission.
During the proceedings, the Election Commission informed the court that the list had been prepared solely to prevent possible disturbances during elections and not to facilitate arrests.
Appearing for the poll body, advocate Dama Seshadri Naidu told the bench, “The commission has not directed anyone to be arrested. It refers to extreme situations. Action is to be taken only if someone obstructs the path of a peaceful election.”
Naidu said the exercise was based on confidential reports received by the Election Commission and argued that monitoring certain individuals was necessary to ensure peaceful polling.
“These measures were taken following certain confidential reports. If an eye is not kept on certain individuals, the situation could deteriorate,” he submitted.
Naidu further said that the poll body had the authority to adopt preventive measures to safeguard free and fair elections and that anyone facing unjust action could seek legal remedy.
Chief Justice Paul questioned the logic behind the move, noting that the Election Commission had already put in place extensive arrangements for neutral polling. “The commission has taken extensive steps for a peaceful and neutral election. What, then, is the logic behind issuing such a directive?” the bench asked.
