Calcutta HC upholds 48-hour ban on group bike rides, allows solo riding ahead of polls

The Calcutta High Court has upheld a 48-hour ban on group bike riding ahead of the second phase of West Bengal Assembly elections, while allowing individuals to ride bikes alone, citing the importance of personal liberty. The division bench clarified that restrictions on “group riding” would remain in force, but individuals cannot be stopped from using bikes for personal purposes, including going out for fresh air.

The ruling came on a challenge to restrictions imposed by the Election Commission of India on bike movement during the pre-poll period. Earlier, a single bench had modified the Commission’s order by banning bike rallies, restricting pillion riding 12 hours before polling except in emergencies, and allowing voters to travel with family members. The Commission subsequently approached the division bench seeking intervention.

During the hearing, the bench of Justices Shampa Sarkar and Ajay Kumar Gupta emphasised that while maintaining law and order is essential, individual freedoms cannot be completely restricted. The court observed that preventing someone from riding a bike alone would amount to an unnecessary infringement on personal liberty. At the same time, it maintained that group riding could be misused for political mobilisation and must remain prohibited during the sensitive pre-poll period.

The court also noted that the Commission was unable to provide examples of similar blanket restrictions in other states, stating that such precedents could have been relevant. It reiterated that although the Election Commission has wide powers under Article 324 of the Constitution, those powers must be exercised within the framework of law, and complete restrictions without legal backing cannot be justified.

The order will come into effect from Monday, marking the start of the 48-hour silence period before polling on April 29. With this direction, political parties will not be able to organise bike rallies during the final phase of campaigning, while individuals will still be permitted to use bikes for essential and personal purposes under specified conditions.