No Place For Violence In Democratic Polity: Calcutta High Court Extends Tenure Of Central Forces Deployed In WB Due To Allegations Of Post-Poll Violence

The Calcutta High Court on Tuesday passed an interim order directing an extension of the tenure of Central Forces deployed in West Bengal during the Lok Sabha elections, due to allegations of post-poll violence.

A division bench of Justices Harish Tandon and Hiranmay Bhattacharya was taking up PILs moved by the BJP's Suvendu Adhikari and Priyanka Tibrewal, requesting the court's intervention due to instances of post-poll violence which had been seen across the state, initiated against the ruling party's workers against those belonging to opposition parties.

The Court underscored the importance of law and order in an electoral process and directed for the stay of the central forces in West Bengal to be extended to 21st June. It stated:

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. 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 above, we feel that the Central Forces deployed in the State as on this date should continue till Friday week i.e. 21.06.2024.

The Court in its order, also referred to a coordinate bench decision which had set up emails for registration of complaints related to post-poll violence and observed that the petitioners' submission, along with the complaints received on the email id's showed that there had been a spate of complaints which cannot be overlooked and the incidences as reported, warranted serious intervention.

The petitioners pointed out that after the declaration of the results, the safety and security of several persons were alleged to have been at risk and those who adorn the adverse political ideologies have been rendered homeless and were in the sense of fear of their life and limb.

Advocate General for the State questioned the locus of the litigants as public-spirited persons, while the Additional Solicitor General argued 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. 

Accordingly, the Court directed for the Central Forces to be retained in West Bengal till 21st June, 2024.

Case: Suvendu Adhikari v State of West Bengal

Case No: WPA(P) 240 of 2024

Click here to read order