The high court on Thursday pulled up the Election Commission for infringing on people’s rights by imposing restrictions on bikes from two days before polling.
The court asked the EC to cite examples from any other state where similar curbs had been imposed, observing that by the same logic, not just bikes but even cars could be banned, since they too could be used to transport bombs or arms during elections.
Justice Krishna Rao was hearing an appeal filed by lawyer Ratnankur Das, who challenged the EC’s decision restricting the movement of bikes and pillion riders from April 27.
“Has an Emergency been announced in the state? Then how come such restrictions have been imposed on common people? This is being done to hide the failure of the authorities. Please show how many cases have been registered against bikes in the last few years for causing trouble during elections,” Justice Rao told the EC’s counsel in court.
He also criticised the EC for “overreach”. “Just because you have power does not mean you can do whatever you want. Had it (the curbs) been for 24 hours, that would have been understandable. But for 72 hours (including polling day, April 29) is causing harassment of the people,” he said.
Earlier this week, the EC issued an order banning the movement of bikes between 6pm and 6am from two days before polling in Bengal. Only medical emergencies and family functions were exempted. The order also barred pillion riding during the daytime window of 6am to 6pm, except for medical emergencies, family functions and school drop-offs or pick-ups.
A partial roll-back was issued on Tuesday allowing app-based bike services, food delivery personnel and office-goers travelling with pillion riders, along with two-wheelers for emergencies and family events.
Petitioner Das said the restrictions would severely disrupt daily life: “Students in evening colleges will not be able to attend classes. Lawyers and traders who depend on bikes will have to return home by 6pm. Otherwise, they will be forced to walk back.”
His lawyer, Saumya Dasgupta, said the judge asked the EC whether an “Emergency” had been imposed in Bengal, adding that only then would such restrictions be justified. “He also said the EC can conduct naka checking, install CCTVs and use forces to stop bike gangs,” Dasgupta said.
Petitioner Das said that while he, too, was opposed to bike gangs and rallies that intimidate voters, “we cannot disrupt livelihoods and children’s education for elections.”
The EC’s counsel said it was a “precautionary” move.
The court directed the EC to file an affidavit on Friday explaining the rationale for the restrictions and citing instances where bikes had caused disturbances during elections.