A Division Bench of the Calcutta High Court has approved the implementation of preventive arrests in light of the upcoming two-phase Assembly elections in West Bengal starting from April 23. This ruling, issued by Chief Justice Sujay Paul and Justice Partha Sarathi Sen, came in response to concerns raised in a petition anticipating the potential arrest of about 800 Trinamool Congress leaders and workers based on instructions from the Election Commission of India (ECI) before the state’s Assembly polls.
The High Court’s order emphasized that authorities must adhere strictly to the relevant detention laws when exercising the power of preventive detention or action. It clarified that individuals cannot be arrested or detained merely on the grounds of being labeled as potential “trouble-makers,” countering a directive from a police observer associated with the Chief Electoral Officer’s office in West Bengal, which was deemed as an “impugned” order by the Division Bench.
While the stay order prevents arrests based on the “trouble-maker” classification, it does not hinder civil or police authorities from taking action against anyone found violating the law. Even if individuals listed in Annexure-A of the April 21, 2026 letter commit offenses, the interim order allows authorities to proceed against them independently and lawfully.
During the court proceedings, the petitioner’s counsel, senior advocate and Trinamool Congress Lok Sabha member Kalyan Banerjee, argued against the identification of specific political party members as potential troublemakers by the Commission. In response, the state government’s counsel and Advocate General, Kishor Datta, contended that the current law and order situation in West Bengal did not necessitate preventive arrests or detentions.
On the contrary, the ECI’s counsel highlighted the Commission’s role in ensuring peaceful elections and underscored its adherence to existing legal provisions for this purpose. The Election Commission of India’s representative informed the court about past instances of preventive arrests or detentions before elections.
