The Calcutta High Court has issued a warning to the Election Commission (EC) regarding preventive detention and arrests ahead of the final phase of polling in West Bengal, emphasizing that any limitations on the fundamental right to liberty must adhere to due process.
In a writ petition concerning the pre-poll detentions of Trinamool Congress (TMC) members, a bench comprising Justices Arijit Banerjee and Partha Sarathi Sen stated on Tuesday that it expects the EC to perform its duties “fairly, efficiently, impartially, without any bias, political or otherwise, and strictly in accordance with the law.”
The court highlighted the significance of Article 21 of the Indian Constitution, indicating that personal liberty can only be restricted through lawful procedures. The petition, filed by TMC MP Kalyan Banerjee, alleged that the EC’s earlier order to stay its April 21 internal memo on preventive detentions was being violated. Banerjee claimed that there were arbitrary arrests of party workers and councilors, particularly in Bhowanipore, where TMC leader and Chief Minister Mamata Banerjee faces competition from BJP’s Suvendu Adhikari.
While the high court did not issue a formal directive, it reiterated its expectation that the EC would fulfill its responsibilities in compliance with legal standards.
