The Calcutta High Court has strongly criticised the Mamata Banerjee-led Trinamool Congress (TMC) Government over ongoing post-poll violence in West Bengal. Hearing a Public Interest Litigation (PIL), a two-judge bench comprising Justices Kaushik Chanda and Apurba Sinha Ray hinted at the possibility of retaining the Central Armed Police Forces (CAPF) in the State for the next five years if the state government fails to control the violence.
“We want to ensure the security of the people of the state at any cost,” the Court noted. Justice Kaushik Chanda emphasised, “Every day, we are watching in the media about post-poll violence. What happened after the last Assembly election, the same thing is happening this time also.” He added, “You (State) should be ashamed. If the State fails to control this violence, we have to make a decision that in the next five years, the Central forces will stay in this State.”
In its five-page judgment, the Court remarked, “Instances of post-poll violence are not unprecedented in this State. After the last Bidhan Sabha election, the entire nation witnessed unprecedented post-poll violence within the State.” The judgment also laid out measures for citizens to report instances of violence.
The Court ruled that individuals aggrieved by post-poll violence can lodge their complaints not only at the nearest police station but also via email to the Director General and Inspector General of Police in West Bengal at [email protected] and [email protected]. These complaints are to be published immediately on the relevant website of the West Bengal Police.
“If the complaints disclose any cognisable offence, the Director General and Inspector General of Police, West Bengal shall immediately direct the concerned police station to register an FIR under the relevant provisions of law,” the Court ordered. Following the registration of such FIRs, the local police station must take immediate action against the miscreants according to the law.
Justices Kaushik Chanda and Apurba Sinha Ray also mandated that the Director General and Inspector General of Police monitor the process and submit a report within ten days detailing the number of complaints received, FIRs registered, and subsequent actions taken.
The Court directed the CAPF and West Bengal police to cooperate fully and act immediately on the complaints to prevent loss of life and property. The bench cautioned, “If the State machinery fails to protect the lives and property of the citizens, appropriate orders will be passed on the next date of hearing.”
Earlier, the Calcutta High Court had directed the Election Commission of India (ECI) to shut down offices of the Trinamool Congress (TMC) and the Communist Party of India (Marxist) [CPI(M)] adjacent to a polling station in the Jadavpur Constituency. This order came in response to a plea from Dhiman Kundu, an office bearer of the Bharatiya Janata Party’s (BJP) Jadavpur Unit, citing a significant breach of election guidelines.
Justice Rai Chattopadhyay, presiding over the case, initially considered demolishing these temporary structures, influenced by the ECI’s 2007 guidelines, which bar any political party from setting up offices within 200 meters of polling stations. “The ECI is directed to immediately close down the said offices,” the Court ordered.
The ECI’s counsel acknowledged the existence of both TMC and CPI(M) offices near the polling station at Dinabandhu Andrews College in Jadavpur, strengthening the BJP’s stance on the violation. Despite initially advocating for demolition, the Court recognised the ECI’s practice of closing such offices 48 hours before polling day and mandated their immediate closure to comply with election guidelines.
