Daijiworld Media Network – Kolkata
Kolkata, Apr 22: The Calcutta High Court on Wednesday ruled that preventive arrests ahead of the two-phase West Bengal Assembly elections can be carried out in accordance with existing preventive laws, while staying a direction branding certain individuals as potential “trouble-makers”.
A Division Bench comprising Chief Justice Sujay Paul and Justice Partha Sarathi Sen passed the order while hearing a petition expressing apprehension over possible arrests of around 800 Trinamool Congress leaders and workers allegedly following Election Commission instructions before the polls beginning April 23.
The court said authorities may exercise powers of preventive detention or take action strictly in accordance with relevant laws.
At the same time, the Bench made it clear that no person can be arrested or detained merely by being labelled a potential “trouble-maker”, and stayed the direction issued by a police observer attached to the office of the Chief Electoral Officer, West Bengal, describing it as an “impugned” order.
However, the court clarified that its interim stay would not prevent civil or police authorities from taking action against any person committing offences under penal laws.
It further observed that even those named in Annexure-A of the April 21 letter could face action if they commit any offence, and authorities were free to proceed in accordance with law using independent discretion.
During the hearing, petitioner’s counsel and senior advocate Kalyan Banerjee argued that leaders and workers of a particular political party were being selectively identified as “trouble-makers” by the Election Commission.
Advocate General Kishor Datta, appearing for the state government, submitted that the law and order situation in West Bengal did not warrant preventive arrests or detentions.
Counsel for the Election Commission, however, argued that the poll body was acting within legal provisions to ensure peaceful elections and pointed out that preventive arrests had been made before elections in the past.
The ruling came on the eve of the first phase of Assembly polling in West Bengal.