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Calcutta HC: Voting Restrictions in West Bengal Amidst ‘Communal Violence’ during Ram Navami Celebrations

Today(on 23rd April), Calcutta HC warns of potential voting ban in West Bengal Lok Sabha seats amid Ram Navami violence. Murshidabad incidents prompt court’s observation.

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Calcutta HC: Voting Restrictions in West Bengal Amidst 'Communal Violence' during Ram Navami Celebrations
Calcutta High Court

KOLKATA: The Calcutta High Court, under the leadership of Chief Justice TS Sivagnanam, strongly cautioned today(on 23rd April), about the likelihood of invalidating voting in Lok Sabha constituencies in West Bengal affected by communal unrest during the recent Ram Navami festivities.

This declaration was voiced during a hearing concentrated on the disruptions witnessed in Murshidabad on April 17 amid a procession marking Ram Navami.

“If peace and harmony cannot prevail, we may need to consider that the Election Commission cannot conduct parliamentary elections in these districts. This seems to be the only viable solution.”

-expressed the bench, which was headed by Chief Justice TS Sivagnanam.

The bench further emphasized-

“Even with the Model Code of Conduct in place, if two groups engage in such conflicts, they do not deserve representation through elected officials.”

Highlighting the contrasting situation in Kolkata, the court noted that similar processions took place during Ram Navami, but no violence was reported.

“Even in Kolkata, where celebrations took place at 23 locations without any untoward incidents, the question arises: what actions were taken by the state police and central forces when clashes occurred during the implementation of the Model Code of Conduct? It appears that both failed to effectively control the confrontations.”

– the bench pointed out.

Seeking information about the arrests made in connection with the violence-related cases, the bench directed the state counsel to provide details. The state counsel informed the court that the Criminal Investigation Department (CID) has now taken over the investigation.

Expressing their concerns, the bench proposed-

“We intend to advise the Election Commission of India that individuals unable to celebrate peacefully should be restricted from participating in elections.”

While the High Court refrained from issuing any order regarding the deferment of elections on any seat, it expressed its intention to propose to the Election Commission that polls be deferred in Berhampore, which falls under the jurisdiction of Murshidabad.

Additionally, the High Court instructed the state police to submit a report on the communal clashes for further review.

The next hearing on this matter is scheduled for Friday, April 26.

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