Ex DGP-turned-TMC MP warns legal step against EC observer’s arrest diktat in Bengal HC stays order

    Kolkata, Apr 22 (PTI) The TMC on Wednesday alleged that more than 500 arrests were made in poll-bound West Bengal based on "verbal orders" issued by EC-appointed police observers, and called such diktats a "clear violation" of legal provisions.
    The charges came on a day when the Calcutta High Court stayed an order of the Election Commission's police observer, who termed several citizens as "troublemakers" and directed action against them.
    Making his first public statement as a political leader, former state DGP-turned-TMC’s Rajya Sabha MP, Rajeev Kumar, warned that the party will “drag the observers to court” for “violating the Constitutional boundaries” set before them.
    “You might be doing this now, but remember we are taking note of everything and we will take you to court if you work in an anti-constitutional manner. Irrespective of whichever state you will return to after the elections, we will drag you to court,” he said.
    Kumar, accompanied by TMC’s Shayampukur candidate Sashi Panja and her counterpart from the Behala Purba seat Subhasish Chakraborty, called on Chief Electoral Officer (CEO) Manoj Agarwal at his office during the day and lodged a complaint with regard to these arrests.
    After meeting the CEO and with less than 24 hours before the first phase of polls is to begin, Kumar accused the EC-appointed police observers of overstepping their mandate.
    Kumar’s tenures as the DGP of Bengal as well as the Commissioner of Police, Kolkata and Bidhannagar, were marked by intense media attention, which characterised him as both “controversial”, for his alleged involvement in the Saradha ponzi scam, as well as a sharp professional with high intelligence-gathering skills.
    Kumar retired as the state’s acting DGP on January 31 this year and took oath as TMC’s parliamentarian in the Rajya Sabha on April 7.
    During her recent poll campaigns, TMC supremo Mamata Banerjee expressed apprehensions of “illegal arrests” of her party workers.
    More than 500 arrests have been made by these observers, who have "no authority" to order the apprehension of people, Kumar said. The observers’ job, he insisted, was restricted only to report their findings to their senior authorities in the Commission’s chain of command.
    "We are noticing that observers are meeting BJP candidates in hotels in private and issuing verbal arrest orders," Kumar alleged, adding that the TMC has credible information in this regard.
    Citing his experience with legal issues, the retired IPS officer claimed such an act violates the provisions of the "code of criminal procedure and applicable electoral laws”.
    "The party will not allow these violations to pass without consequences. Our response will be systematic, documented and relentless," Kumar said.
    He also asserted that "state borders will offer no protection" and that the "full weight of law" would be brought against those found responsible, regardless of their rank or state cadre.
    The CEO's office did not respond to the allegations, although Kumar claimed that the state’s top poll officer admitted that such moves by the observers were unwarranted.
    As many as 506 people were arrested under non-bailable sections as part of a drive against alleged voter intimidation and poll disruption, with the West Bengal CEO on Wednesday directing the police to step up preventive action, sources said.
    In a communication to the state DGP, the police observer at the CEO’s office shared a list of around 800 alleged troublemakers across several assembly constituencies and police station areas for necessary action.
    The letter said these individuals were "actively involved in intimidating voters and creating disturbance in the electoral process".
    The CEO's office directed field-level officers to act after due diligence and in accordance with the law.
    It suggested steps such as registering FIRs, issuing notices, initiating preventive detention where necessary, stepping up patrolling in sensitive booths and closely monitoring the movement of those named during the poll period.
    The CEO's office also asked that a "clear and urgent message" be sent across the police hierarchy that the listed persons must not be allowed to intimidate voters or interfere in the process.
     Acting on a PIL that claimed people's fundamental right to liberty would be affected by the order, a division bench of the Calcutta High Court, presided by Chief Justice Sujoy Paul, held that the police observer had "erred in issuing a blanket direction by treating certain citizens as troublemakers".
    The court stayed the effect and operation of the April 21 order till June 30.
    It, however, clarified that this order will not come in the way of the civil/police authorities to proceed against any person who commits an offence under the BNS, Representation of People's Act or any other penal law.
    The bench, also comprising Justice Partha Sarathi Sen, directed that for exercising the power of 'preventive detention/action', the authorities can proceed strictly in accordance with the detention law.
    Arguing for the petitioner, TMC MP and advocate Kalyan Banerjee claimed that the list contains the names of persons who are elected representatives, such as MPs, MLAs, councillors, and members of panchayat bodies and municipalities.
    He contended that no citizen, as per provisions of Article 21 of the Constitution, can be deprived of his right of personal liberty except according to the procedure established by law. PTI SUS SCH AMR MNB BDC SMY NN

(This story has not been edited by THE WEEK and is auto-generated from PTI)