The high court on Friday revised the Election Commission’s restrictions on bikes, narrowing the ban on pillion riding to 12 hours before polling instead of the earlier 48 hours.
The court ruled that pillion riding will be prohibited only during the 12 hours preceding polling, with exemptions for medical emergencies, family functions or other essential requirements. It also said that pillion riding will be allowed on April 29 from 6am to 6pm for voting purposes and other essential requirements.
Service providers such as cab aggregators, delivery personnel and office-goers carrying proper identification have been exempted from the restrictions.
The ban on bike rallies, however, will continue for two days before polling.
Till late on Friday evening, there was no clarity on the restrictions imposed on motorcycles between 6pm and 6am from two days before the election.
Earlier in the day, the EC submitted an affidavit before the court justifying its decision to impose restrictions on bikes from two days prior to polling. Justice Krishna Rao, before whom a lawyer had challenged the restrictions, reserved the order till late evening after hearing arguments.
State advocate-general Kishore Datta argued that the EC does not have “absolute powers to regulate everything”.
He said: “It’s not that the commission has the power to control everything in the world. But invoking its widest authority under Article 324, it is trying to regulate almost everything. In the name of stopping illegal acts by candidates, it is actually curtailing citizens’ rights, although that power has not been granted to it.”
Senior advocate Bikash Ranjan Bhattacharyya, representing a group of bike owners, called the restrictions an infringement of rights. “Where does the commission derive this authority?” he asked in court.
On Monday, the EC had issued an order restricting the movement of bikes for two days before polling in Bengal. The directive allowed exceptions only for medical emergencies and family functions. It barred pillion riding entirely except for medical emergencies, family events or school drop-offs and pick-ups. Bikes without pillion riders were permitted only between 6am and 6pm.
A partial roll-back followed on Tuesday, permitting app-based bike services, food delivery riders and office-goers travelling with pillion riders.
Despite the revisions, a lawyer challenged the order, leading to Friday’s hearing.
Appearing for the EC, lawyer D.S. Naidu told the court that similar restrictions on bike rallies had been imposed in Puducherry and Tamil Nadu. He cited repeated complaints about “bike gangs”.
“One reason could be that crimes are committed using bikes because they allow quick escape. Offenders ride pillion and flee rapidly, often bypassing checkpoints. State police and central forces have jointly supported this view,” he said.
Justice Rao, however, observed that in Puducherry and Tamil Nadu, only bike rallies had been restricted, and not general two-wheeler movement. “Just show under which law you imposed restrictions on the general public’s use of bikes for 72 hours (including polling day). Show any SOP or manual that authorises this directive. I am not questioning restrictions on bike rallies — that is reasonable,” the judge said.
He also questioned the requirement for identity proof from exempted riders. “How will a shop employee or a private tutor show proof of workplace? Be practical. This does not fall under traffic management,” he said, seeking data on bike seizures and complaints during polling on Thursday.
Naidu said that in 2021, 80 people had died in poll-related violence in Bengal, arguing that the restrictions were a precautionary measure to ensure free and fair elections.
The judge, however, remained unconvinced.