Calcutta High Court Allows Preventive Arrests For Bengal Elections Subjected To Law Procedures

Calcutta High Court Allows Preventive Arrests For Bengal Elections Subjected To Law Procedures

Kolkata: A Division Bench of the Calcutta High Court, on Wednesday, ruled that preventive arrests in view of the two-phase Assembly elections in West Bengal starting from April 23 can be done in accordance with the provisions of the prevention laws.

The Division Bench of the Calcutta High Court’s Chief Justice Sujay Paul and Justice Partha Sarathi Sen passed this ruling on a petition filed apprehending arrests of around 800 Trinamool Congress leaders and workers following instructions of the Election Commission of India (ECI) before the Assembly polls in West Bengal.

The order issued on Wednesday evening stated that, for exercising the power of preventive detention or action, the authorities can proceed strictly in accordance with the relevant detention law.

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The Division Bench also made it clear that no one could be arrested or detained just by branding them as potential “trouble-makers”, as had been directed by a police observer attached to the office of the Chief Electoral Officer, West Bengal, and hence had stayed that direction by the police observer, which the Division Bench had described as an “impugned” order.

However, while staying in that direction, the Division Bench also made it clear that this stay order will not come in the way of the civil or police authorities proceeding against any person who commits an offence under various sections of different penal laws.

It added that even if the persons whose names find place in Annexure-A of the letter dated April 21, 2026, commit an offence, this interim order will not come in the way of the authorities proceeding against them in accordance with law as per their own independent discretion.

On Wednesday, the petitioner’s counsel, senior advocate and four-time Trinamool Congress Lok Sabha member Kalyan Banerjee, argued in the court that the leaders and workers of a particular political party were being identified as “trouble makers” by the Commission.

The state government counsel and Advocate General, Kishor Datta, argued that the law and order situation in West Bengal currently was not such that preventive arrests or preventive detentions would have to be made.

On the other hand, the ECI counsel argued that the work of the Commission was to ensure peaceful polls and that it was working under the existing legal provisions to do that.

The Election Commission of India’s counsel informed the court that preventive arrests or preventive detentions had happened before elections in the past. IANS

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