In a major setback to the Mamata Banerjee government, the Supreme Court of India upheld the Calcutta High Court order to deploy central armed forces across all districts of Bengal for conduct of the upcoming panchayat elections.
Dismissing the Special Leave Petition moved by the Bengal government and the State Election Commission which challenged the directions passed by the High Court last week, the Vacation Bench of Justices BV Nagarathna and Manoj Misra observed: “The fact remains that the tenor of the order of the High Court is ultimately to ensure that free and fair election is conducted the entire State of West Bengal, since the state is conducting election for local bodies on a single day and having regard to the volume of booths which are being set up. We find that the order of the High Court does not call for any interference. The SLP stands dismissed.”
In connection with Public Interest Litigations moved by Bengal Leader of Opposition Suvendu Adhikari and state Pradesh Congress chief Adhir Ranjan Chowdhury, the Division Bench of Chief Justice TS Sivagnaman and Justice Uday Kumar had first, passed an order on June 13 directing the Commission to send requisition for deployment of central forces in areas which it marked as ‘sensitive’ and then, followed it up with an order dated June 15, where it directed the commission to deploy central forces across the state within 48 hours.
Both orders were challenged before the Apex Court and dismissed. “Holding elections cannot be a license for violence and the High Court has seen earlier instances of violence. Elections cannot be accompanied by violence. If persons are not able to file their nominations and if they are finished off while they are going to file it then, where is the free and fair election?”, Justice Nagarathna asked during the course of Tuesday’s hearing. The judge also pointed out that Bengal has already requisitioned forces from adjacent states which is “an admission of its own inadequacy of forces” and the fact that the High Court orders puts the cost burden of force deployment on the Centre and not on the state.
The elections are scheduled to take place on July 8 for over 75,000 seats across three-tiers of panchayat for which about 61,000 polling stations have been earmarked and in need of security cover. Large scale violence has already rocked various pockets of the state during the nomination filing period which has resulted in at least three deaths and left many injured. Almost all the major opposition parties have expressed no-confidence in the state police forces and alleged both ‘inaction’ during violence as well as their acting in ‘partisan manner’ in favour of the state’s ruling dispensation.
Calling the Supreme Court judgment a “rap on the knuckles” of the Mamata Banerjee administration and the election commisson, Bengal’s leader of Opposition Suvendu Adhikari said: “As petitioner no 1, I heartily welcome the judgment. The supreme court has only interfered in the legacy of forcible acquisition of panchayats and in the culture of thriving on loot money for five years.”
Adhikari’s counsel Harish Salve argued in court that the SEC was acting in a “partisan manner”. “The State has no real grievance. They are embarrassed to say that they do not want central forces, because they would not be under their control," Salve stated.
"This is neither a setback nor an embarrassment for the Trinamul. We have already discussed this possibility in our meeting. The deployment of central forces would have no difference in the outcome of the panchayat polls and we will win in an overwhelming manner,” said Trinamul Congress MP Sougata Roy.
“It is disappointing that the top court passed such an order because we feel central forces would only add to the poll confusion because of their inability to understand local languages and customs. One must remember that the forces had gunned down four villagers in Cooch Behar’s Sitalkuchi during the 2021 state polls on account of such ground-level confusions. We have no option but to abide by the order of the highest court of the land but that won’t guarantee free polls,” Roy asserted.
Asked if moving the Supreme Court against the High Court order was a wrong step, Roy disagreed. “The state had to try. It had to tell the court that central forces aren’t necessary for local elections and that they would only create more confusion,” he said.
