Preventive detentions only when absolutely necessary, act without bias: Calcutta High Court to ECI

The Calcutta High Court on Tuesday emphasised that electoral authorities in West Bengal should resort to preventive detention only when it is absolutely essential [Md Danish Farooqui v Election Commission of India & Ors]

A Division Bench of Justice Arijit Banerjee and Justice Partha Sarathi Sen said the elections scheduled on Wednesday must be held in a fair, transparent and peaceful manner so that every voter is able to exercise his franchise freely without any fear.

“We are also sure that the competent authorities will not resort to preventive detention or arrest of persons excepting where the same is absolutely essential and that too, in accordance with law. One must keep in mind the paramount importance of a citizen’s fundamental right to personal liberty enshrined in Article 21 of the Constitution of India, which can be curtailed only by following due process of law,” the Court said.

The Court expressed hope that the Election Commission of India and its officers will discharge their duty without bias.

“We trust and believe that ECI which is a constitutional authority and all its officers including observers appointed by it shall discharge their respective duties in the election process fairly, efficiently, impartially without any bias, political or otherwise and strictly in accordance with law,” the order said.

The Court was hearing a petition challenging a memo issued by the Chief Electoral Officer on April 27 for preventive actions against the persons allegedly involved in voter intimidation. A list of a large number of people was attached with the memo.

It was argued that the memo amounted to violation of a stay order passed by the High Court on April 22. The Court had then stayed a similar order issued by Election Commission of India (ECI)  for action against alleged “troublemakers”. 

In response, the ECI said it has withdrawn the memo. However, the poll body also said that it was acting in conformity with the earlier order. 

Considering the withdrawal of memo, the Court said it was unnecessary to adjudicate the merits. However, it stressed that ECI must act without any bias, political or otherwise.

Senior Advocate Kalyan Bandyopadhyay with Rahul Kumar Singh, Niket Ojha, Ratikanta Pal and Deshma Ghosh represented the petitioner.

Senior Advocate Jishnu Chowdhury with advocates Anamika Pandey, Sanskriti Agarwal and Arjun Kumar Ray represented the Election Commission of India.

Advocate General Kishore Datta with advocates Lalit Mohan Mahata, Swapan Banerjee, Sumita Shaw, Diptendu Narayan Banerjee and Soumen Chatterjee represented the State.

[Read Judgment]