SOURCE :- SIASAT NEWS
Kolkata: A day before Assembly election in West Bengal, the Calcutta High Court on Wednesday, April 22, stayed an order of an Election Commission-appointed police observer who termed several citizens “troublemakers” and directed action against them, even as the Trinamool Congress (TMC) alleged that over 500 arrests had already been made on the basis of “verbal orders” from such observers.
A division bench presided by Chief Justice Sujoy Paul, also comprising Justice Partha Sarathi Sen, acting on a public interest litigation (PIL), held that the observer had “erred in issuing a blanket direction by treating certain citizens as troublemakers” and stayed the April 21 order till June 30.
The court, however, made it clear that its order would not come in the way of civil or police authorities proceeding against any person who commits an offence under the Bharatiya Nyaya Sanhita (BNS), the Representation of People’s Act, 1951, or any other penal law.
It further directed that for exercising the power of preventive detention, authorities must proceed strictly in accordance with the relevant detention law.
Petitioner’s counsel and TMC MP Kalyan Banerjee told the court that the observer’s list contained the names of around 800 people, many of them elected representatives, including MPs, MLAs, councillors and panchayat members, and that tagging them as troublemakers without due process violated Article 21 of the Constitution.
Senior lawyer DS Naidu, appearing for the Election Commission, submitted that the poll panel’s entire endeavour was to ensure free, fair and peaceful elections and that it had not directed police to act without following due recourse of law.
Over 500 arrests made on basis of verbal orders: TMC
Separately, TMC’s Rajya Sabha MP and former state Director General of Police (DGP) Rajeev Kumar met the Chief Electoral Officer during the day and alleged that EC-appointed observers, who he said had “no authority” to order arrests, were meeting Bharatiya Janata Party (BJP) candidates in private and issuing verbal directions to the police.
“This is a clear flouting of legal provisions,” he said, warning that those found responsible would be dragged to court regardless of their rank or state cadre.
“The party will not allow these violations to pass without consequences. Our response will be systematic, documented and relentless,” Kumar said.
In a stern message to the officers concerned, he said that regardless of their rank or state cadre, those involved in issuing or executing “unlawful arrest orders” would face legal proceedings.
“Irrespective of whichever state you return to after the elections, we will drag you to court if you act in an anti-constitutional manner,” he added.
CEO asks police to ‘step up preventive action’
As many as 506 people have been arrested under non-bailable sections as part of a drive against alleged voter intimidation and poll disruption, with the West Bengal CEO on Wednesday directing the police to step up preventive action, sources said.
In a communication to the state DGP, the police observer at the CEO’s office shared a list of alleged troublemakers across several assembly constituencies and police station areas for necessary action.
The letter said these individuals were “actively involved in intimidating voters and creating disturbance in the electoral process”.
The CEO’s office directed field-level officers to act after due diligence and in accordance with the law.It suggested steps such as registering first information reports (FIR), issuing notices, initiating preventive detention where necessary, stepping up patrolling in sensitive booths and closely monitoring the movement of those named during the poll period.
SOURCE : SIASAT
