KOLKATA: The Calcutta High Court (HC) on Wednesday, hours before the first phase of elections in 152 Assembly constituencies in West Bengal on Thursday, stayed the Election Commission of India’s move to arrest alleged ‘troublemakers’ on a large scale.
As a preventive measure, arrest of any ‘troublemaker’ can be made following the rules of law, the HC also directed.
A division bench of Chief Justice Sujay Paul and Justice Parthasarathi Sen said, “Police can take action as per law if someone commits a crime. And at that time, the rule of law will have to be followed even in the case of preventive arrest.”
The court also issued a stay order on any such decision taken by the Commission. “It is initially wrong to identify someone as a ‘troublemaker’ and arrest them on a mass scale,” it observed.
The ruling Trinamool Congress heaved a sigh of relief with the directive, particularly less than 24 hours before the first phase of elections in the state.
The ruling party had moved the HC on Monday against the Commission, fearing arrests of around 800 party workers.
The hearing of the case was held today before the division bench of Chief Justice Paul and Justice Sen.
Trinamool Congress MP and lawyer Kalyan Banerjee argued during the hearing, raising questions on why workers of a particular party were being branded as ‘troublemakers’. “For what reasons are they being branded as ‘troublemakers’?” Banerjee questioned.
The court also observed that no such situation prevails in the state that requires ‘preventive detention’.
The national poll panel has allegedly collected names of around 800 workers of the ruling party across the state from the police administration.
While addressing an election rally in Birbhum district on Tuesday, the outgoing Chief Minister and Trinamool Congress supremo said, “They have plans to arrest many persons. I have got a list of their names. They have targeted the Trinamool Congress only. I will not give up and fight against their move.”
“There is one BJP leader in this Birbhum district who earns crores of rupees from coal but they are not arresting him. I won’t take his name,” she alleged.
Earlier on 14 April, the Chief Minister had alleged that central agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) have been tasked with arresting her party workers and polling agents ahead of the Assembly elections.
She had further claimed that the ED and CBI were conducting midnight raids to weaken the Trinamool Congress organisationally before the polls. Elections to 294 Assembly constituencies in West Bengal will be held in two phases on April 23 and 29.
Addressing poll rallies in Pingla and Jagatballavpur, Mamata had said, “Order has been issued to arrest Trinamool Congress men and agents. Thousands of Trinamool workers will come out if you arrest one person.”
She also referred to her earlier remark at a rally in Khandakosh, where she had warned of a possible “midnight operation”, which observers believe could be linked to Chandel’s arrest.
The Trinamool Congress supremo also alleged that central agencies planned to arrest her party’s polling booth agents to prevent them from manning booths.
“The arrest was made so that our agents cannot sit in polling booths. But we are ready with alternative arrangements. Others will step in if any agent is nabbed. Women may also sit at polling booths if such a situation arises,” she had said.
