Thread by @LiveLawIndia

BREAKING

#WestBengalPanchayatElections2023

#CalcuttaHighCourt today will take up two #Contempt applications filed by Leader of Opposition in WB Suvendu Adhikari (@SuvenduWB) and Congress’ Adhir Ranjan Chaudhury (@adhirrcinc) against the #WestBengal government and State Election… twitter.com/i/web/status/1…

In an order dated 15th June 2023, a Division Bench comprising of Chief Justice Sivagnaman and Justice Uday Kumar of the Calcutta HC had directed the State election commission to requisition central reserve forces for the #PanchayatElections within 48 hours.

Read more:… twitter.com/i/web/status/1…

While the State and SEC had preferred appeals before the #SupremeCourt, regarding the deployment of central forces, the Supreme Court affirmed the order of the Calcutta High Court and dismissed their appeal on the 20th of June 2023.

Read more: livelaw.in/top-stories/su…

The matters are due to be taken up by a Division Bench comprising of Chief Justice T.S. Sivagnaman and Justice Uday Kumar at 3:30pm.

#CalcuttaHighCourt #WestBengalPanchayatElection2023

Hearing begins.

Counsel for petitioner: contempt application against non compliance of Courts order dated 15th June, which directed deployment of paramilitary forces

Petitioner: reads out courts 15th June order detailing why paramilitary forces were asked to be requisitioned to work along with the WB police to ensure free and fair elections.

There was admittedly inadequate police force to cover the 75000 seats for which elections are to be… twitter.com/i/web/status/1…

Petitioner: the paramilitary forces deployment was directed at the cost of the centre, keeping in mind the Right to Life

Court had noted that the SEC made no effort to identify sensitive areas from law and order point of view, and thus directed requisitioning of paramilitary… twitter.com/i/web/status/1…

Petitioner: points out Courts observation from the 15th June order that held “waiting any longer will cause more damage and negatively effect the purity of the election process.”

This is why the Court directed requisitioning of paramilitary forces

Petitioner: even #SupremeCourt affirmed this Courts observation by holding, “HC order was to ensure that free and fair elections are held…..moreover election is being held is on one day…endeavour of respondents appear to be free and fair elections which would strengthen… twitter.com/i/web/status/1…

Petitioner: earlier state had requisitioned 82000 paramilitary personnel…today the number of assemblies increased and yet the order has not been complied in letter and spirit…they have only requisitioned 1700 people.

CJ Sivagnaman: we read somewhere that 22 companies were engaged.

Petitioner: that is only residuary workers..not forces

Petitioner: Contempt jurisdiction of this court is retributive

CJ: it can be curative also

Petitioner: if by only a show of compliance…the court is being hoodwinked by the action of the SEC…the faith of the public in the system is being rendered null and void

This is not why your lordships directed the deployment of forces

Petitioner: state had said that they had requisitioned forces from other states…in the SLP they have revealed letters sent to other state….. one of these letters show that additional forces were requested to reach on 6th July 2023!!

Petitioner: 8th July is election and forces from other states had been called on 6th July??

Given a wrong impression to the Court is also contemptuous

CJ: what is present position

Petitioner: there is requisition of police forces from different states which are to be deployed on 6th July

Petitioner: roughly 1700 paramilitary forces have been requisitioned for 22 districts

Spirit of order was not only for polling day

CJ: no no it was for entire election..that is why first order was passed before nominations ended

Petitioner: 8 more persons have died after the 15th June order
That’s the hard and brutal reality
What is more supreme than right to life of the electorate….most supreme fundamental right…which your lordship wanted to protect

Petitioner: in the past the SEC has even gone up against the State for deployment of paramilitary forces…there were 17 districts back then…and almost 82000 central paramilitary forces in addition to the state police force had been deployed…that was a 5 phase election

CJ: let’s hear the SEC then

SEC: after the SC uploaded the HC order, on the same day the SEC wrote to the GoI for immediate deployment of forces. Till now only one central
Company per district has been deployed

If you direct further forces are needed we can do it

CJ: no sir we fail to understand….very sorry state of affairs..you are entitled to appeal an order…but you are a neutral body and need not walk any dotted lines….should the Court advice commission how many forces are needed?

That is why in the previous order we asked the… twitter.com/i/web/status/1…

CJ: 1700 people for 22 districts is absolutely inadequate

CJ: the elections are scattered…not like elections in a city..the forces from neighbouring states will reach on 6th July…effectively they will reach the venue of deployment only on 7th evening

When will the preparedness take place??

CJ: Court shouldn’t lose faith in the system and ultimately if people start losing faith in the system what’s the purpose of conducting the elections?

We didn’t know about the elaborate order of the SC…we were only seeing the press

They have extracted both orders of 13/6 and… twitter.com/i/web/status/1…

CJ: should we doubt the independence of the commission…that shouldn’t be..it shouldn’t be

CJ: you have gone to the highest court…now accept the judgement…let us not toe the line…if it is difficult for the commissioner to take orders he can step down..probably the Governor may appoint someone else

CJ: won’t take much time for us to issue contempt but what does it mean…we expected that it would be withdrawn..because of the actions of the SEC

Even earlier there was no representation from the commission…very unfortunate

If the commission is so busy…they better wind up… twitter.com/i/web/status/1…

CJ: if they feel that they are not in a position to…please leave it to us..we will handle

SEC: have deployed specialised forces for six sensitive districts…whatever the court feels is adequate we will send a requisition for immediately

CJ: court made clear that no cost to be charged to the state..you are still not satisfied

CJ dictating order: 15th June order had given a specific direction to requisition paramilitary forces for all districts in WB within 48 hours

CJ: SEC and State had filed SLP before the SC challenging orders of this Court regarding the deployment of central forces.

The SC by an elaborate order, dismissed the SLPs.

CJ: SC after noting the findings of this court pointed out that central forces would act appropriately to aid in free and fair conduct of election…they also held that…democracies burgeon on the strength of purity and impartiality of elections…India being a colossal democracy… twitter.com/i/web/status/1…

CJ: this issue is whether order and directions of this court as affirmed by the SC had been complied with

CJ: no hesitation in our mind to hold that upon hearing the parties, the order and direction has not been complied with in its letter and spirit

CJ: fail to understand why SEC is still not taking independent decision in the matter…the Counsel for the SEC has directions to state that the Commission will abide by the directions issued by this court

CJ: in the first order on 13th June, the court had reposed faith on the SEC and asked them to identify sensitive zones….we found that direction wasn’t taken well…which necessitated the 15th June order for deployment for forces in all districts..as affirmed by the SC

CJ: Adv for the SEC submits that one company of central force was requisitioned for each of the 22 districts

Petitioner contended that one company consists of only 80 active personnel.

This total active central force is around 1700…which in our view is thoroughly inadequate

CJ: justified to take such a stand in light of requisition made for deployment of central forces made earlier in 2013.

Interesting to note that back then SEC took the State to the SC in matter of deployment of central forces in 2013 panchayat elections.

CJ: if that is how the SEC acted in 2013..we are at a loss to understand as to what had happened to the independence and supremacy of the SEC in ensuing elections

CJ: In 2013 the Panachayat election was for 5 phases…and back then strength of State police requisitioned was 105000 and central forces were 82000

CJ: more importantly back then there were only 17 districts compared to the 22 at present

CJ: therefore if the SEC is not inclined to implement the order in its letter and spirit..then we may be well justified in forming an opinion that the SEC is attempting to make the order “unworkable”, which they cannot do especially because even the SC has affirmed the order

CJ: this will lead us to a prima facie conclusion that there has been deliberate violation of the order of the court

CJ: however in light of the submissions by the SEC that they will abide by the directions of the court, we are inclined to issue the following directions which are ancillary and supplementary to the earlier orders

CJ: SEC shall within 24 hours requisition sufficient number of central forces for all districts

Number of battalions to be requisitioned shall be not less than the force requisitioned in the 2013 election…has to be more than that because the number of districts and electorate… twitter.com/i/web/status/1…

CJ: SEC directed to implement this decision in a proper and effective manner and the Court hopes that the direction will be complied with in letter and spirit

Any attempt to make the order unworkable shall have adverse consequences

CJ: on going through a letter annexed in the SLP for requisition of forces from Punjab, we are surprised to know that police force was requisitioned to reach only by 6th July 2023…

CJ: in the earlier proceedings we were led to believe by the SEC that already sufficient number of force had been requisitioned from neighbouring states

CJ: court was of the view that requisition had been made and they would be present till entire process is completed

Surprisingly, the SECs submissions were contrary to their written communication with the Punjab government

CJ: this can very well be taken as an attempt to mislead this court…as the court even in the earlier order had made it clear that central forces would be requisitioned for the entire forces and not on the date of polling alone

CJ: for forces to be present only on the date of polling, will not yield the desired results..therefore de hors the number of police forces from other states, the SEC shall independently and honestly assess their requirements…bearing in mind that the SEC has a constitutional… twitter.com/i/web/status/1…

Hearing ends.