[Lok Sabha Elections] Calcutta High Court Cautions State Over Instances Of Post-Poll Violence, Directs Complaints To Be Submitted To DGP Through E-Mail

The Calcutta High Court has recently expressed concern over post-poll violence that has allegedly occurred in West Bengal in the wake of the Lok Sabha Elections 2024.

A vacation bench of Justices Apurba Sinha Ray and Kausik Chanda were adjudicating on a plea which claimed that the petitioners, immediately after the Lok Sabha General Election, 2024, had been subjected to post-poll violence because of their association with a specific political party. Petitioners also claimed that their complaints were not being registered by the local police authorities. 

Upon hearing the parties, the Court held:

"Instances of post-poll violence are not unprecedented in this State. After the last Bidhan Sabha election, the entire nation witnessed unprecedented post-poll violence within the State. Taking the matter very seriously, apart from the allegations made in the writ petition, this Court has taken judicial notice of many incidents of violence following or associated with the Lok Sabha General Election, 2024 as reported in press and electronic media. The primary concern of this Court is to ensure registration of complaints whenever a postpoll violence takes place irrespective of political affiliations."

Petitioners stated that they were being targeted by miscreants due to their political allegiances, and that the police authorities had refused to accept their complaints regarding the same.

Upon hearing the plea, the Court took judicial notice of the instances of post-poll violence in the State of West Bengal in the past and held that irrespective of political affiliations, it must be ensured that those who report instances of violence to the police should be allowed to air their grievances. 

It directed that in addition to the methods elucidated within the CrPC, complaints regarding poll violence could be sent to the DGP of West Bengal through e-mail and that all complaints received by the DGP shall be published in the public domain.

It further stated that upon receipt of such complaints, the State police and Central Forces under the direction of the Election Commission shall take necessary steps in accordance with the law. 

Accordingly, it directed the matter to be listed after ten days and called for an affidavit to be filed disclosing the complaints received through the email addresses as indicated above and the steps taken by the police following the registration of FIRs.

The affidavit should be affirmed by an officer not below the rank of Inspector General of State Police. We also caution that if the State machinery fail to protect the lives and property of the citizens, appropriate orders will be passed on the next date of hearing, the Court concluded.

Case: Shubhajit Naskar v Union of India 

Case No: WPA(P) 237 of 2024

Click here to read order