Bibhash Lodh, BS News Agency: Ahead of the final phase of voting, the Election Commission had issued directives to identify and arrest individuals deemed capable of instigating unrest across 142 assembly constituencies in the state. By two days prior to the second phase of voting, 1,543 individuals had been arrested. The Trinamool Congress has once again drawn the attention of the Calcutta High Court regarding the publication of a list of ‘troublemakers’ ahead of the second phase of polling. Representing the state's ruling party, Advocate Kalyan Banerjee argued that, despite specific court directives to the contrary, the Election Commission has published such a list and called for action to be taken against approximately 3,500 individuals. They have filed a plea seeking an urgent hearing on this matter. On Tuesday—the day before the final phase of voting—a Division Bench comprising Justice Arijit Banerjee and Justice Partha Sarathi Sen granted permission to file the petition. A decision regarding the scheduling of the hearing is expected to follow shortly thereafter.
Prior to the final phase of voting, the Commission had issued instructions to identify and apprehend individuals suspected of potentially fomenting unrest across 142 assembly segments within the state. As of two days before the second phase of polling, a total of 1,543 individuals had been arrested. In terms of the number of arrests, the district of Purba Bardhaman leads the list, with 479 individuals taken into custody. In South 24 Parganas, 246 arrests were made, while in Nadia, the figure stood at 32. In Hooghly and North 24 Parganas, 49 and 319 individuals were arrested, respectively. However, prior to the first phase of voting—in a related case—the High Court had explicitly ruled that indiscriminate arrests labeled as targeting ‘troublemakers’ would not be permitted. The Court stipulated that even if individuals were to be detained as a precautionary measure, such actions must strictly adhere to specific legal provisions. Furthermore, the Court declared that if the Commission had indeed taken any decision authorizing such indiscriminate arrests, a stay order would be issued against it. The High Court observed that the powers vested in the Election Commission under Article 324 of the Constitution are not unfettered; where other specific laws exist, the Commission must operate within the framework of those statutes. The Court emphasized that if a particular law prescribes a specific procedure for executing a task, that procedure must be strictly adhered to. The Chief Justice's bench observed, "Issuing blanket orders based solely on labeling individuals as 'troublemakers' is, prima facie, erroneous. A citizen's liberty may be curtailed only in accordance with the law. If an individual commits an offense, the police are empowered to take action as per the law. Even in cases of preventive detention, such measures must be executed in strict adherence to established regulations." The Court further stated that should the Commission have indeed issued any such directive in this matter, a stay order is hereby granted upon it. Trinamool MP and lawyer Kalyan had approached the High Court amidst apprehensions that approximately 800 Trinamool workers were at risk of being arrested.