If people cannot celebrate festivals in peace, no need to hold elections for them: Calcutta High Court

Elections should not be held in those areas where communal clashes occurred on the occasion of Ram Navami, the Calcutta High Court orally suggested on Tuesday. .A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya said if people cannot celebrate a festival even for a few hours in peace, then there is no point in holding elections in such places."If people can't live in peace and harmony, we will cancel the elections. We will say the Election Commission of India (ECI) shall not hold parliamentary elections in these constituencies. That is the only way. The lessons they never learn," Chief Justice Sivagnanam said. At least this year, the bench noted, only some instances of violence were seen in Howrah and Hooghly while overall there was hardly any problem, during the Ram Navami festival."Despite the Model Code of Conduct (MCC) being invoked, if two sets of people are fighting like this then they do not need any representative. Because election is going to cause another problem. One case and then a counter case... while one will be supported by the State and the other by Central Agencies. And then we will have to go outside the State to find out the truth," the Chief Justice remarked. .The bench was dealing with petitions highlighting the recent violence that took place in Cooch Behar and a few districts during the Ram Navami celebrations across West Bengal. The bench noted that the State Police has transferred the probe to the Crime Investigation Department (CID) and vital details of the current status of the case is being prepared and would be furnished before the bench on the next date of hearing. However, the bench sternly said that in such circumstances, there is no need to hold elections. The bench noted that in Kolkata alone there were Ram Navami celebrations in least at some 33 places. However, there was no report of any violence. The counsel representing the State informed the bench that the two incidents took place because of trivial issues like tearing of a small flag. "All these are relatable to ensuing elections," Chief Justice Sivagnanam responded. The government counsel emphasised that no religion permits violence, yet people resort to the same on trivial grounds. "We propose to make a recommendation to the ECI that when people cannot celebrate any occasion in peace even for a period of 8 hours they shall not be entitled to vote their representative. There were some trivial issues....Intolerance on both sides," CJ Sivagnanam underlined. In the instant case, the bench came across a peculiar feature, wherein both sides contended that in the past there had been no violence during Ram Navami festival and this was the first time such an incident has taken place."It is alleged that one group belonging to a particular political party have instigated the clashes. Let the Advocate General submit the status report, we will consider the petitions on next date," the bench said while adjourning the hearing till April 26. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.