An interlocutory application has been moved before the Supreme Court in a pending petition concerning alleged electoral violence in West Bengal, seeking the constitution of a high-level monitoring committee headed by a retired apex court judge to oversee law and order arrangements during and after the ongoing West Bengal Assembly elections. The plea, filed by organisation Sanatani Sangsad, was reported on 29 April from New Delhi.

What the Plea Demands

The applicant contended that despite assurances allegedly given by the West Bengal government before the Supreme Court, incidents of violence, intimidation of voters and election officials, and destruction of property have reportedly continued on the ground. The plea argued that "mere assurances given by the Government of West Bengal to this Hon'ble Court are not being backed by appropriate action on the ground."

Among the key reliefs sought, the application requested the apex court to direct deployment of adequate Central Armed Police Forces (CAPF) personnel in vulnerable areas for a period determined by the proposed monitoring committee. It also sought directions preventing the transfer of law enforcement officials without the committee's prior concurrence, and the establishment of a robust complaint and grievance redressal mechanism for citizens.

Further prayers included the constitution of Special Investigation Teams (SITs) for heinous crimes such as murder and rape, powers to transfer suitable cases to central agencies, disciplinary action against delinquent police officials, and the establishment of fast-track courts in every district for expeditious trial of post-poll violence cases. Witness protection measures for victims and witnesses, as well as safeguards for officials deployed by the Election Commission of India (ECI) on election duty, were also sought.

Shadow of 2021 Post-Poll Violence

The application extensively referred to the alleged post-poll violence following the 2021 West Bengal Assembly elections, citing proceedings before the National Human Rights Commission (NHRC) and the Calcutta High Court. According to the plea, an enquiry committee constituted pursuant to orders of the Calcutta High Court had found a large number of incidents involving violence, arson, vandalism, murder, rape, and attempts to rape, while alleging that FIRs were not registered in 60 per cent of the cases examined.

The application further claimed that compensation directed to be paid to victims of political violence had not been fully implemented till date, and that contempt proceedings were also initiated in that regard. "The memory of the post-poll violence that engulfed the State of West Bengal immediately after the declaration of result of West Bengal Assembly election in May 2021 still hounds the people of West Bengal," the application stated.

Allegations of Voter Enrolment Irregularities

The plea alleged that acts of violence and intimidation were aimed at ensuring enrolment of persons supporting the ruling dispensation as voters "irrespective of whether or not they fulfil the eligibility criteria." It added that fear among voters continues as several criminal cases are still pending trial and many accused persons are reportedly out on bail.

The plea also referred to an alleged statement made by West Bengal Chief Minister Mamata Banerjee at a public rally in March this year, claiming it amounted to a reminder of the alleged post-poll violence witnessed after the previous elections. The applicant described the overall situation as having a "chilling effect" on political participation.

Constitutional Basis and What Comes Next

The applicants grounded their demand in the constitutional principle that free and fair elections form part of the Constitution's basic structure, asserting that "the people are reassured of governance by rule of law during and after the elections." This comes amid heightened scrutiny of electoral processes in West Bengal, a state that has witnessed repeated allegations of political violence across multiple election cycles. The Supreme Court is yet to formally list the application for hearing, and the West Bengal government's response to these specific claims is awaited.