Not everyone is troublemaker: HC

Kolkata: The EC ‘erred' in issuing a blanket direction by treating citizens as ‘troublemakers,' Calcutta High Court on Wednesday observed while granting interim stay on the order naming 800 people as ‘troublemakers' till June 30, 2026. "The general power of superintendence and control of EC under Article 324 is subject to other law," the Calcutta HC reiterated SC order.The division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen clarified this interim stay will not stop police from proceeding against any person, named on the list of 800, who commits an offence under BNS, Representation of the People Act or any other penal law. A PIL was filed before the CJ's bench challenging the order of police observer of April 21, which stated, "It has been observed that persons, whose names are mentioned in the enclosed list are actively involved in intimidating voters and creating disturbances in the electoral process."Among the 800 names, many are elected representatives such as councillors, members of panchayat bodies and municipalities, MLAs and MPs. The list, according to the PIL, includes names of Biswajit Poddar alias Sona Pappu and Swarup Biswas in Rashbehari assembly constituency, Kajol Sk in Suri and Paresh Chandra Adhikari in Cooch Behar among others.Senior advocate Kalyan Banerjee, appearing for the petitioner, relied on Article 21. He contended that no citizen can be deprived of his right to personal liberty. Article 324 was also cited, stating the EC does not have unbridled powers. Senior advocate for EC DS Naidu urged that so far as the question regarding competence of EC for issuing such direction is concerned, he would like to file a counter affidavit. With regard to the April 21 memo, he submitted, "EC strives to ensure free, fair and peaceful elections. To do that, police are reminded of their duties. The EC has not directed the police to do something without following due recourse of law."
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