PIL before Calcutta HC claims ECI has prepared ‘trouble makers’ list to target TMC workers before WB polls

A public interest litigation (PIL) has been moved before the Calcutta High Court alleging that the Election Commission of India (ECI) has prepared and circulated a secret list of “trouble makers” with directions for their arrest or detention ahead of the upcoming West Bengal Assembly elections. [Md Danish Farooqui v Election Commission of India & Ors.]

The petitioner submitted that he came to know of the alleged list and the accompanying directions through “multiple credible, trustworthy, and independent sources”.

According to the plea, the list containing names of political functionaries across 21 out of 23 districts in West Bengal, including elected representatives and party workers, was not disclosed through any official or public channel but was circulated discreetly among General and Police Observers deployed for election duty.

The petition alleged that the move, aimed at targeting members of the ruling political party All India Trinamool Congress (TMC), could seriously impact the conduct of free and fair elections in the state.

“Not a single ground exists, nor has any been communicated, for the proposed arrest of any of the persons featured in the said list. This action is being taken solely to prevent these individuals from participating in the election process for their party,” stated the plea.

The matter was mentioned before a Division Bench comprising of the Chief Justice Sujoy Paul and Justice Sarathi Sen on Monday, who directed that it be listed for hearing on April 22.

The plea sought directions from the High Court to quash the alleged list. It also asked for the Court to restrain authorities from taking any coercive action against those named.

According to the petition, the list was allegedly circulated with instructions to ensure that those named are identified and detained before polling begins in their respective constituencies. It contended that such actions were being directed without any disclosed criminal cases, evidence or legal justification.

“The preparation and circulation of such a list, accompanied by a blanket and indiscriminate direction for the arrest of the individuals named therein, constitutes not only a grave overreach but also an egregious misuse and abuse of power by the authorities concerned,” said the plea.

The plea further argued that the proposed action was not rooted in concerns of law and order, but instead intended to interfere with the electoral process by removing key political actors from the field.

It submitted that this is likely to create an uneven playing field and undermine democratic participation. It noted,

"The circumstances and manner in which these arrests are being contemplated that the objective is not the maintenance of law and order or the prevention of any cognizable offence, but rather the calculated exclusion of these individuals from the ongoing election process in which they seek to participate on behalf of their political party (primarily TMC)."

The petition argued that the issued directive violated fundamental rights, particularly the right to equality and personal liberty. It also questioned the scope of the ECI’s powers under Article 324 of the Constitution, contending that these do not extend to directing arrests or detentions.

"Any use of this power that results in the selective targeting of political opponents, fosters an environment of coercion, fear, or intimidation, or unduly interferes with the participation of individuals or parties in the electoral process, fundamentally undermines the very essence of democracy and perverts the intended purpose of Article 324," said the plea.

The petition characterised the alleged actions as an abuse of constitutional authority, asserting that they fall outside the legitimate objectives of election supervision. It said,

"That the actions of the Respondents (ECI) in the present instance, which appear to be motivated by considerations extraneous to the legitimate objectives of election supervision, amount to a colourable exercise of power."

It also claimed that the intent behind the list is to enable pre-emptive detentions without due process, thereby interfering with both individual liberty and the integrity of the electoral process.

"The objective behind this directive appears to be the pre-emptive removal of these individuals, irrespective of whether there are any pending criminal proceedings or established grounds under law for such drastic actions," it was contended.

The petition was filed through advocates Md Danish Farooqui and Ratikanta Pal.