Calcutta HC refuses to restrain ECI on preventive arrests ahead of Bengal polls
Synopsis
The Calcutta High Court refused to stop the Election Commission from ordering preventive arrests ahead of West Bengal's Phase 2 polls — but drew a clear line: personal liberty cannot be ignored. With 2,473 people detained in just 60 hours and Trinamool Congress crying foul, the tension between electoral security and civil rights is now a live judicial issue.
Key Takeaways
Calcutta High Court division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen declined to restrain the ECI on preventive arrests on 28 April .
Court stressed that individuals with no prior records or proven involvement in poll violence must not be harassed.
Trinamool Congress was directed to submit a list of persons arrested without prior criminal records.
Police arrested 2,473 people across 7 polling districts in 60 hours since Sunday morning, per ECI data.
2,407 companies of central forces deployed for Phase 2 voting on 29 April ; results due on 4 May .
A division bench of the Calcutta High Court on Tuesday, 28 April refused to restrain the Election Commission of India (ECI) from ordering "preventive arrests" ahead of the second phase of the West Bengal Assembly elections scheduled for 29 April. The bench, however, cautioned the Commission to respect the "personal liberty" of individuals with no prior records or proven involvement in poll-related violence.
What the Court Observed
The division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen acknowledged that the Election Commission of India's mandate is to ensure free, fair, and violence-free elections. While declining to curtail the ECI's powers, the bench stressed that preventive arrests must be exercised with due regard for individual liberty. The court made clear that no person without prior records or proven charges of involvement in poll-related violence should be subjected to such arrests.
The bench also directed the petitioner — the All India Trinamool Congress (TMC) — to submit a list of individuals who were preventively arrested despite having no prior criminal records or proven links to electoral violence.
The TMC's Petition
The Trinamool Congress had approached the court earlier on Tuesday, seeking judicial intervention to curb what it described as "rampant" preventive arrests by the Election Commission of India. The party argued that the arrests were being carried out indiscriminately, raising concerns about misuse of the Commission's powers in the run-up to the second phase of polling.
Scale of Preventive Arrests
The scale of the crackdown has been significant. According to information provided by the Election Commission on Tuesday evening, police had arrested 2,473 people across the state's 7 polling districts in the 60 hours since Sunday morning. The ECI had specifically directed authorities to identify "potential trouble-makers" across the state and detain them before they could disrupt either phase of the elections.
Security Arrangements for Phase 2
The second phase of the West Bengal Assembly elections is set to be conducted under unprecedented security cover. A total of 2,407 companies of central forces have been deployed, comprising Central Armed Police Forces (CAPF), the India Reserve Battalion, and personnel from armed police wings of other states, alongside West Bengal Police and Kolkata Police personnel. Webcasting will be active at all polling stations to ensure transparency.
What Comes Next
Voting in the second phase is scheduled for 29 April, with results to be declared on 4 May. The court's directive to the TMC to furnish a list of aggrieved detainees suggests the matter could return before the bench if specific cases of alleged misuse are documented. The balance between electoral security and civil liberties is likely to remain a flashpoint as polling day approaches.
Point of View
473 arrests in 60 hours, the scale of preventive detention in West Bengal elections has become a recurring pattern, not an exception. The court's direction to the TMC to furnish a list of wrongly detained individuals places the burden of proof on the aggrieved party — a procedural hurdle that may limit accountability. India's election management increasingly relies on pre-emptive detention as a security tool, and without independent judicial oversight built into the process, the line between maintaining order and suppressing political participation remains dangerously thin.
NationPress
1 May 2026
Frequently Asked Questions
What did the Calcutta High Court rule on preventive arrests in West Bengal?
The Calcutta High Court refused to restrain the Election Commission of India from ordering preventive arrests ahead of the Phase 2 West Bengal Assembly elections on 29 April. However, the bench directed the ECI to respect the personal liberty of individuals with no prior records or proven involvement in poll-related violence.
Why did Trinamool Congress approach the Calcutta High Court?
The Trinamool Congress filed a petition seeking judicial intervention to stop what it called rampant preventive arrests by the Election Commission of India. The party argued that arrests were being carried out indiscriminately against individuals with no criminal history.
How many people were arrested in West Bengal before Phase 2 polling?
According to the Election Commission of India, police arrested 2,473 people across 7 polling districts in the 60 hours between Sunday morning and Tuesday evening, 28 April.
What security arrangements are in place for West Bengal Phase 2 elections?
A total of 2,407 companies of central forces have been deployed, including Central Armed Police Forces, India Reserve Battalion, and armed police from other states, alongside West Bengal Police and Kolkata Police. All polling stations will have webcasting.
When will West Bengal election results be declared?
The results for both phases of the West Bengal Assembly elections will be declared on 4 May.
