The Calcutta High Court on Tuesday cautioned the Election Commission of India against preventive detention and arrests ahead of the final phase of polling in West Bengal, underscoring that any restrictions on the fundamental right to liberty must follow due process.
Court's Directive to EC
Disposing of a writ petition concerning pre-poll detentions of Trinamool Congress workers, a bench of Justices Arijit Banerjee and Partha Sarathi Sen stated that it expected the EC to act "fairly, efficiently, impartially, without any bias, political or otherwise, and strictly in accordance with law." The court emphasized the primacy of Article 21 of the Constitution, which guarantees protection of life and personal liberty, and noted that personal liberty can only be curtailed through lawful procedure.
Allegations by TMC MP
In his petition, Trinamool Congress MP Kalyan Banerjee alleged that an earlier order staying the EC's April 21 internal memo on preventive detentions was being flouted. He claimed that party workers and councillors were being randomly arrested and that police were targeting supporters in Chief Minister Mamata Banerjee's constituency of Bhowanipore, where BJP leader Suvendu Adhikari is her main opponent.
The high court refrained from issuing a formal order but reiterated its expectation that the Election Commission would discharge its duties in accordance with the law. The court's remarks serve as a strong reminder to the EC to ensure that all actions taken during the election process are lawful and unbiased.
