The Calcutta High Court, in a PIL requesting the court's intervention due to instances of post-poll violence, passed an interim order directing an extension of the tenure of Central Forces deployed in West Bengal during the Lok Sabha elections.
Brief Facts:
The petitioner filed the present Public Interest Litigation, raising serious issues concerning the alleged violation after the declaration of the results relating to the mandate of the people in choosing the candidate, highlighting several incidents to project violence after the declaration of the results and the safety and security of the persons are alleged to have been at risk. The apathy of the State Police Administration in combating such violence at the behest of the ruling party has also been projected in the sense that several persons, who adorn the adverse political ideologies, have been rendered homeless and in the sense of fear for their lives and limbs are residing at distant place.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner echoed what has been stated in the petition and showed their anguish and apprehension in the event, those persons are left without any security and/or protection and reiterated their stands of retaining the Central Forces for a limited period and further it was submitted that there has been a large number of incidences reported after the completion of the poll and there is no impediment on the part of the Central Government to retain the existing Central Forces for a limited period if directed by the Court.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state stated that there is no fetter on the part of a person having political affiliation to institute a Public Interest Litigation with a rider that the political scores should not be permitted to be settled by using the tools and machinery of the judicial system.
Observations of the court:
The court stated that the moral matrix and the administrative culture must nurture the power process and maintenance of law and order at every stage of the election process including the period after the declaration of the results and the election is a mechanical guarantee of democracy and chooses the political party to govern the country or the State, as the case may be, on the opinion of the people of the country, which must be embraced to uphold the Rule of Law, which is a hallmark of an orderly society. Further it was observed that the election ensures the majority opinion of the citizen of the country and its faith and allegiance to a political party to administer and maintain the various facets of the people for their betterment and development, which goes without saying that there is no space for any violence in a democratic polity.
The court stated that there has been a spate of complaints in the said email address which cannot be overlooked and the incidences as reported, warrants serious intervention to protect the life and limbs of a person in pursuit of justice and further the seminal issue relates to the safety, security, protection and the prevention of the violence as alleged in both the petitions and taking a serious view on the allegations as disclosed in the aforesaid Public Interest Litigations and the role of the Police to be ascertained on the basis of the report to be filed on the day as directed, the Central Forces deployed in the State as on this date should continue till Friday week i.e. 21.06.2024.
The decision of the Court:
The court directed for the Central Forces to be retained in West Bengal till 21st June, 2024 and listed the matter on a further date.
Case Title: Suvendu Adhikari and Anr. vs. State of West Bengal and Ors.
Coram: Hon’ble Mr. Justice Harish Tandon and Hon’ble Mr. Justice Hiranmay Bhattacharyya
Case No.: WPA (PIL) 240 of 2024
Advocate for the Petitioner: Mr. Soumya Majumdar, Mr. Billwadal Bhattacharyya
Advocate for the Respondent: Mr. Kishore Dutta
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