The Calcutta High Court on Tuesday declined to pass urgent orders on a plea alleging violation of the Model Code of Conduct (MCC) by IPS Officer Ajay Pal Sharma, who is a police observer in the ongoing West Bengal Assembly Elections.
Justice Krishna Rao said the Court would not pass any direction against any officer on the election day till April 29, the final phase of polling in West Bengal.
"I am indicating that I will not pass any order with regard to any officer who are in election duty till [April] 29. Come after April 29, I will pass order," the Court said.
When the counsel for the petitioner said the officer was threatening voters, the Court asked him to approach the Election Commission of India (ECI).
"What can be done. What will we do?" the Court said.
In a video that went viral on social media, the officer, also known as Uttar Pradesh's encounter specialist, was seen issuing a warning to Falta Trinamool Congress (TMC) candidate Jehangir Khan.
TMC took strong objection to the officer's conduct and criticised the ECI for failing to act against the officers.
The counsel appearing for the petitioner sought action against Sharma. He mentioned the matter for an urgent listing this afternoon. The Court was told that the ECI had failed to stop him from acting beyond his limits.
"There are evidences showing that he has gone to house of a candidate and has threatened the driver in absence of the candidate. He is continuously threatening," the counsel said.
However, the Court asked what can be done at this stage, hours before the polling.
The counsel responded that the matter be listed before 4 PM.
"He is acting in a manner as if he is taking charge of election," the counsel said.
The Court then directed that the matter be listed at 3 PM. However, the matter was not ready for listing by 3 PM.
The counsel then again mentioned the matter, stating that he should be allowed to make submissions.
"It is extremely urgent circumstances. Kindly restrain the officer," the counsel said.
However, the Court made it clear that it would not pass any order against any officer at this stage.