HC slams EC for 'abusing power' to put curbs on bikes

KOLKATA: Calcutta HC on Thursday slammed EC for imposing a 48-hour restriction on motorbikes in Kolkata and South 24 Parganas from 6pm on April 27, saying, "Declare an emergency... Citizens' rights cannot be curtailed in this manner."

Justice Krishna Rao, who was hearing a petition challenging the order, criticised EC for "abusing its power" and called the restriction a "drastic move".

Thousands of two-wheeler users across the state expressed a collective sense of relief following the HC's intervention. For Kolkata's middle-class commuters - and especially gig-economy workers - the court's scepticism was hailed as a victory for the common citizen. Across Kolkata's major intersections, bikers on Thursday noted that the court finally voiced the questions they had been asking since the notification was first issued.

EC had on April 21 announced that starting 6pm on April 27, one could ride a bike only from 6am to 6pm till polls ended on April 29. Pillion-riding and bike rallies were banned during the period. Medical emergencies, family functions and essential services were exempt from the curbs.

EC said the restriction had been imposed to conduct "free, fair, peaceful and violence-free" polls and to maintain a "conducive atmosphere for voters" and to prevent "untoward incidents, intimidation or source jamming".

Addressing the lawyer representing EC, Justice Rao said, "Show where such notifications are issued in other states. Just because the Election Commission has power doesn't mean anything can be done. Citizens are being harassed... You have a police administration and CCTV, so what's the need for this? Shut everything down. You've issued a notification. On what basis? Where is the precedent? Provide references. This is an unreasonable attempt to halt everything for so long."

Asking the EC to submit an affidavit on Friday explaining the rationale for the restriction, the judge said, "Why isn't your authority declaring an emergency? Declare an emergency two days prior and conduct the election. This implies the authorities' failure. Citizens' rights cannot be curtailed in this manner. Then ban cars, too. People can still cause trouble with bombs and arms."

Justice Rao also sought to know the number of FIRs registered against motorcyclists in the last five years.

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