HC stays EC’s preventive action order against ‘troublemakers’

E-PaperSubscribeSubscribeEnjoy unlimited accessSubscribe Now! Get features like The Calcutta High Court on Wednesday stayed an order from the Election Commission’s police observer, who had directed the West Bengal director general of police (DGP) to take preventive action against around 800 citizens terming them as “troublemakers” ahead of the first-phase polling in the eastern state. HC stays EC’s preventive action order against ‘troublemakers’A division bench of chief justice Sujoy Paul and justice Partha Sarathi Sen held that the police observer had “erred in issuing a blanket direction by treating certain citizens as troublemakers” and stayed the April 21 order till June 30. The order came on a public interest litigation (PIL) filed by advocate Md Danish Farooqui, alleging that people’s fundamental right to liberty would be affected by the order. “In our prima facie view the police observer in the office of CEO of West Bengal has erred in issuing a blanket direction by treating certain citizens as ‘troublemakers’. As an interim measure, we deem it proper to stay the effect and operation of the impugned order dated April 21 till the last day of June, 2026 or till further order whichever is earlier,” the court ordered. Senior advocate Kalyan Bandyopadhyay, who is also a TMC lawmaker, represented the petitioner. “ECI has no authority, jurisdiction or power to call certain persons ‘troublemakers’ and issue direction to the police authorities to take steps against them,” he argued in the court, adding that the list contains the names of about 800 people and many of these persons are elected representatives, such as MPs, MLAs, councillors, and members of panchayat bodies and municipalities. Senior advocate DS Naidu, representing ECI, submitted that the poll panel’s whole endeavour is to ensure free, fair and peaceful elections. “In order to do the same, concerned police authorities are reminded of their duties. ECI has not directed the police authorities to do something without following due recourse of law,” Naidu said. In its April 21 memo—titled “Preventive action against persons involved in voter intimidation - List of trouble makers enclosed - Immediate directions to all field functionaries”—to the DGP, the police observer in the CEO office said: “It has been observed from various quarters that the persons whose names are mentioned in the enclosed list are actively involved in intimidating voters and creating disturbance in the electoral process in the respective assembly constituencies and police stations. You are requested to kindly issue directions to concerned officers to take immediate suitable preventive actions against all such persons after due diligence and in accordance with law.” Following the directive, Central Armed Police Forces(CAPF) personnel deployed for election security duty in West Bengal visited homes of people flagged as “troublemakers”, warning them publicly and then holding flag marches in their neighbourhood while urging local residents to vote freely. On Tuesday night, a CAPF team visited the residence of Asmaiul Shaikh in Murshidabad district, asked him to step out and cautioned him against any involvement in poll-related violence. They also urged his family to ensure he stayed away from any disruption. They then addressed Shaikh’s neighbours using a loudspeaker, asking them not to be intimidated by local “dadas”. Around the same time, another team in Birbhum district visited the residence of Sandeep Ghosh, also flagged as a “troublemaker”. Though Ghosh wasn’t at home, the CAPF team advised his family to caution him against intimidating anyone. Outside Ghosh’s house, the CAPF team made the same announcement. They then marched through his neighbourhood, urging locals to speak up if anyone threatened them. The exercise, named Operation Trust, was conducted at several locations across the state. CRPF’s West Bengal Sector shared videos of the exercise on its official X account. People aware of the matter said that based on criminal records, the district magistrate’s office, through the West Bengal CEO, shared the identities of some residents with criminal records with the CAPF’s district force coordinator (DFC). Meanwhile, the poll panel has modified its earlier order imposing restrictions on motorcycle movement and allowed the use of two-wheelers by service providers such as Ola, Uber, Zomato, Swiggy and other home delivery agencies, as well as office goers carrying proper identity cards. In a directive dated April 20, the state CEO banned motorcycle rides between 6pm and 6am two days before every phase of polling, with exemptions only for medical emergencies or family functions. On Tuesday, EC had also sought certificates from all the police stations where elections were scheduled in phase 1 on Thursday, confirming that no outsiders were present in their areas. “Technically even tourists and relatives are not allowed to stay in any constituency that is going to polls in the next 48 hours,” a senior EC official said, requesting anonymity. Hoteliers in Darjeeling, a popular tourist destination in north Bengal, however said that no such orders have been issued asking tourists to vacate the hotels and homestays. Joydeep Thakur is a Special Correspondent based in Kolkata. He focuses on science, environment, wildlife, agriculture and other related issues.Read More Prawesh Lama covers crime, policing, and issues of security in Delhi. Raised in Darjeeling, educated in Mumbai, he also looks at special features on social welfare in the National Capital.Read More