Calcutta high court cuts EC’s 48-hour ban on bike movement to 12 hours

KOLKATA: The Calcutta High Court on Friday scrapped EC's 48-hour bike ban order for the April 29 phase-2 poll and said pillion riding will not be allowed on two-wheelers for 12 hours on poll day, unless it is for dropping or picking children from school, medical emergencies or family functions.

The HC did not interfere with the 48-hour ban on motorcycle rallies.

Justice Krishna Rao in his 11-page order stated: "In the name of free and fair poll, the authorities cannot pass a blanket restriction on motorcycle riding." The high court made it clear that on April 29, from 6 am to 6 pm, only family members are allowed for pillion riding only for voting, medical emergencies or family functions.

The HC order also made it clear that "exemption is given to the service providers such as Ola/Uber/Zomato/Swiggy and similar other home delivery agencies and also to the office-going riders with proper identification."

Justice Rao in his order said, "This court finds that with regard to motorbike rally there is some justification to avoid any violence before 48 hours of the election or on the date of election but riding the motorcycle by any person, 48 hours before is not justifiable."

Earlier, on April 20, a notification banned bike rallies for 48 hours, barred two-wheelers from 6 pm to 6 am, except emergencies. The order also banned pillion riding for 48 hours — again except for emergencies. After criticism, this was modified to exempt "service providers like Ola/Uber/Zomato/Swiggy and similar home delivery agencies". Exception was also given to "office-going riders with proper identity cards".

The HC said, "There is no dispute that the Election Commission of India is having superintendence powers... for the purpose of election. However, the Election Commission of India will have to conform to the existing laws and rules in exercising its power and performing its manifold duties for the conduct of free and fair election."

It did not buy EC's argument that it has wide powers to conduct "free and fair polls", pointing out "that several paramilitary forces as well as local police have been deputed". The HC also said though the EC has "relied upon Section 324(1) of the Constitution of India wherein superintendence power has been given to it, they failed to justify under which circumstances and which provisions of law, they imposed the conditions". On Thursday, HC slammed EC for imposing a 48-hour curb on bikes in Kolkata and South 24 Parganas from 6 pm on April 27 till polls end on April 29.


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