"No Space For Any Violence In Democratic Polity": Calcutta HC Extends Tenure Of Central Forces Amid Allegations Of Post-Poll Violence

The Calcutta High Court has extended the tenure of Central Forces deployed in West Bengal during the Lok Sabha elections.

This decision comes in response to allegations of post-poll violence raised in Public Interest Litigations (PILs) filed by the BJP's Suvendu Adhikari and Priyanka Tibrewal.

A Division Bench of Justice Harish Tandon and Justice Hiranmay Bhattacharya addressed the pressing concerns regarding post-election violence against workers of opposition parties allegedly initiated by the ruling party.

Emphasizing the paramount importance of maintaining law and order in the electoral process, the Court extended the stay of Central Forces in West Bengal until June 21.

“Democracy digs its grave where passions, tensions and violence, on an over powering spree, upset results of peaceful polls, and the law of elections is guilty of sharp practice if it hastens to legitimate the fruits of lawlessness. The judicial branch has a sensitive responsibility here to call to order lawless behavior. Forensic non-action may boomerang, for the court and the law are functionally the bodyguards of the People against bumptious power, official or  other, reminded us the onerous responsibilities and duties cast upon the citizenry as well as the Courts to prevent any violence, pre, during, post the election, which appears to us the basic foundation of the grievance raised in the instant Public Interest Litigations," the Division Bench quoted Justice V R Krishna Iyer in its Order. 

In its Order, the Court articulated the fundamental role of elections in upholding the democratic principles of the nation. It underscored the imperative of ensuring a violence-free electoral environment conducive to the expression of citizens' opinions and allegiance to political parties for the collective betterment and development of society.

Highlighting the importance of elections, the Bench stated that it 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 hall-mark of an orderly society. "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," it added. 

Citing a coordinated effort to address complaints related to post-poll violence through email registrations, the Court acknowledged the gravity of the situation reflected in the received complaints. The Division Bench also highlighted the need for serious intervention in light of the reported incidents.

The petitioners highlighted the precarious situation faced by individuals with opposing political affiliations, alleging threats to their safety and security post-election results. The Court took cognizance of these concerns and deemed them worthy of immediate attention and redressal.

During the proceedings, the Advocate General (AG) Kishore Dutta for the State questioned the standing of the litigants as public-spirited individuals, while the Additional Solicitor General (ASG) Ashoke Kumar Chakraborty asserted the legality of retaining Central Forces for an extended period, if directed by the Court, to address the reported incidents of violence effectively. 

In light of the arguments presented and the urgency of the situation, the Court directed the retention of Central Forces in West Bengal until June 21, 2024. "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 ordered. 

The Bench added, "The aforesaid direction is passed keeping in view that the Central Forces were deployed for ensuring fair and transparent election to be conducted and having not been completely withdrawn as of now." 

"We have passed the interim order to meet the exigencies as projected in the aforesaid Public Interest Litigations keeping the point open whether Entry 2A of List I in 7th Schedule overrides the Entry I of List II of the 7th Schedule of the Constitution of India, as it is a primary duty of the State to maintain the law and order," the Bench further said. Accordingly, the Court scheduled the matter for further hearing on June 18.  

Cause Title: Suvendu Adhikari and another v. State of West Bengal and others 

Appearance:-

Petitioner: Advocates Soumya Majumdar, Billwadal Bhattacharyya, Anish Kumar Mukherjee, Suryaneel Das, Chiranjit Pal, Tamoghna Pramanick

Respondent: Advocates Kishore Dutta (AG), Amitesh Banerjee, (SSC), Anirban Ray (GP), Debangshu Dinda, Ashoke Kumar Chakraborty (ASGI), Dhiraj Kumar Trivedi (DSGI) Kumar Jyoti Tewari, Tirtha Pati Acharyya.

Click here to read/download the Order