Calcutta HC slams EC over bike curbs, calls it abuse of power
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Kolkata: The Calcutta High Court on Thursday strongly criticised the Election Commission of India for imposing restrictions on the use of motorbikes two days before the Assembly elections in West Bengal, calling the move an abuse of power that harasses ordinary citizens.
Hearing the matter, Justice Krishna Rao observed that the rights of citizens cannot be curtailed in such a manner. He remarked that even if cars were stopped, people could still carry weapons and create chaos, questioning the rationale behind targeting bikes specifically.
The court directed the Election Commission to submit an affidavit on Friday explaining the reasons behind imposing the restrictions just two days before the polls. The poll panel may also present details of any past incidents involving bike gangs to justify its decision.
Justice Rao further asked the Commission to provide data on how many cases in the past five years involved bike gangs creating disturbances. The court also expressed the view that the move appeared to be an attempt to halt normal activity ahead of the elections and cover up administrative failures.
The controversy stems from a notification issued by the Election Commission on Tuesday, which stated that no bike processions would be allowed in the two days leading up to the polls. It also imposed time restrictions, allowing bikes to operate only between 6 a.m. and 6 p.m. during this period, with no pillion riders permitted.
On the day of the election, bikes can be used between 6 a.m. and 6 p.m., but only for purposes such as voting or urgent work. However, exemptions have been provided for essential needs, including medical emergencies, family-related tasks, transporting children to and from school, and attending social events.
The Commission clarified that the restrictions would not apply to app-based cab and food delivery services. Individuals seeking exemption for other purposes must obtain written permission from the local police station.
The matter was brought before the High Court on Wednesday, challenging the Commission’s directives. Justice Rao permitted the case to be filed, and the hearing was conducted on Thursday. The Election Commission is set to submit its response through an affidavit on Friday.
With IANS inputs