Top Court Rejects Plea For Central Forces In Bengal, Cites Executive's Role

The Supreme Court on Monday, which is also the counting day for West Bengal Assembly elections, declined to entertain a plea seeking continued deployment of central forces to prevent possible post-poll violence.

Observing that the court cannot run a state, the bench comprising CJI Surya Kant and Justice Joymala Bagchi said that the decision is best left for the political executive. The court, however, indicated that the petitioner may instead move the Calcutta High Court.

The matter was mentioned today for urgent hearing by Senior Advocate V Giri, appearing for an organisation named Sanatan Sanstha.

Flagging concerns over a repeat of the violence seen after the 2021 Assembly elections, Giri urged the court to put in place preventive measures ahead of the declaration of results. 

He suggested forming a monitoring committee, preferably headed by a former Supreme Court judge, to ensure the adequate deployment of forces. "Last time there was widespread post-poll violence," he said, stressing the need for oversight mechanisms.

The bench, however, was not inclined to intervene. It reiterated that the petitioner should approach the jurisdictional high court for relief.

During the hearing, Giri pointed out that the Election Commission of India's role would end once the results are declared. Senior Advocate Dama Seshadri Naidu, appearing for the poll body, agreed. "Our role ceases once the counting is done," he said.

Despite repeated submissions highlighting the likelihood of violence based on past trends, the court maintained its position. "The political executive of the State will decide," Justice Bagchi observed. "We expect that they will understand that law and order is their subject," Chief Justice Kant said. 

The court also noted that the main writ petition filed by the organisation is already scheduled for hearing on May 11 and said it would take up the matter on that date.