Calcutta High Court allows preventive arrests for Bengal polls within legal framework
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The Calcutta High Court on Wednesday ruled that preventive arrests ahead of the West Bengal Assembly elections can be carried out in accordance with existing laws, while cautioning against arbitrary action.
A Division Bench comprising Chief Justice Sujay Paul and Justice Partha Sarathi Sen passed the order on a petition that raised concerns over the possible arrest of around 800 Trinamool Congress leaders and workers before the polls.
The court said authorities may exercise powers of preventive detention or action strictly under relevant legal provisions. However, it made clear that individuals cannot be arrested merely by labelling them as potential “trouble-makers.”
The bench stayed a direction issued by a police observer linked to the Election Commission of India that had identified certain individuals in this manner, calling it an “impugned” order.
At the same time, the court clarified that its interim order does not prevent authorities from taking action against any person who commits an offence under applicable penal laws, including those named in official communications.
During the hearing, senior advocate Kalyan Banerjee, representing the petitioner, argued that members of a particular political party were being unfairly targeted. The state’s Advocate General Kishor Datta said the current law and order situation did not warrant large-scale preventive detentions.
Counsel for the Election Commission maintained that such measures have been taken in past elections to ensure peaceful polling.
The two-phase West Bengal Assembly elections are set to begin on April 23.