Calcutta HC stays TMC plea over alleged arrest fears of 800 workers until June 30

The Calcutta High Court has stayed until June 30 a petition filed by the Trinamool Congress expressing apprehension that around 800 party leaders and workers across West Bengal could face arrest ahead of the Assembly elections. The order came after detailed hearing by a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen.

The Trinamool Congress had moved the court alleging that a large number of its workers were being identified and marked for possible detention. The party also submitted a district-wise list of individuals it believed could be targeted. The matter was taken up urgently given the proximity of the election schedule and the concerns raised by the petitioners.

Representing the party, senior advocate Kalyan Banerjee argued that branding political workers as “troublemakers” had no legal basis. He contended that the authority to arrest rests with the police and not any election authority, and that preventive action without evidence of serious offence violates personal liberty. He further argued that maintaining law and order should be ensured through increased patrolling rather than targeting political workers.

The state government supported the petitioners’ stand, stating that the term “troublemaker” is not defined under criminal law or the Representation of the People Act. It also submitted that preventive detention is applicable only in cases involving threats to national security or sovereignty, which is not applicable in the present context.

The Election Commission, however, defended its position, stating that its responsibility is to ensure free and fair elections in a violence-prone environment. It said precautionary measures were necessary based on past incidents of electoral violence in the state. The Commission also raised questions over how confidential information related to the petition was accessed and informed the court that it would submit an affidavit if granted time. The police assured the court that lawful procedures would be followed and fundamental rights would remain protected.