SC asks Tripura Police to ensure fair, free elections and peaceful campaigning in upcoming municipal elections
Nov 11, 2021
New Delhi [India], November 11 : The Supreme Court on Thursday said that it is the responsibility of Tripura police authorities to ensure that no political party is prevented from exercising their rights in accordance with law for political campaigning in a peaceful manner.
A Bench of Justices DY Chandrachud, Surya Kant and Vikram Nath asked Tripura authorities to "ensure free and fair elections", peaceful campaigning and passed the interim order on a plea filed by All India Trinamool Congress (AITC) seeking directions to the State of Tripura to provide security to its party members, especially during the campaign for the upcoming municipal elections.
The apex court in its order said that since the election process has commenced, it is the bounden obligation of the respondents Tripura government authorities "to ensure that no political party which is in the fray is prevented from pursuing its electoral rights in accordance with law and from campaigning in a peaceful and orderly manner".
It added that necessary arrangements shall be put into place and appropriate action taken by the Secretary to the Department of Home Affairs of the government of Tripura as well as by the Director-General of Police, together with the law enforcement machinery of the state to enforce and comply with this order.
Appropriate arrangements are to be made to ensure the maintenance of law and order in a manner that would further the unimpeded right of political participation in the course of the ensuing municipal elections, the order stated.
In regard to the plea for individual security, the concerned Superintendents of Police who are impleaded as respondents shall take a decision having regard to the threat perception with reference to each case and area and take necessary action for the maintenance and provision of security, as required.
It asked to ensure that the "process of election during the ensuing municipal elections in Tripura remains free and fair".
The top court also asked the Home Secretary of Tripura and DGP to file a joint compliance report on the steps with regard to the present order to ensure that election in Tripura shall remain free and fair.
The apex court also issued notice to the authorities in the plea of AITC and has posted the matter for hearing after two weeks.
The top court in its order noted that elections are to take place to a Municipal Corporation, thirteen Municipal Councils and six Nagar Panchayats in the State of Tripura on November 25, 2021. The election process commenced on October 22, 2021.
AITC in its plea has sought direction for constituting a neutral and fair SIT, headed by a retired judge so that free and fair investigation could be carried out in relation to alleged acts of vandalism and hooliganism targeted against TMC members.
The plea of AITC has cited various instances of violence starting from August where their members were attacked.
"It is trite that conduct of free and fair elections is the very essence of the basic structure of the Constitution. In a democracy, elections are the means of selecting their own representatives and government by the public at large. Therefore, it is obligatory on the State to ensure that conditions which are conducive to unhindered participation of all political parties in any elections to be held in the State are maintained," the plea stated.
"However, on account of the continuous assaults by a mass of criminal elements being perpetrated in the state, the petitioners are finding it extremely difficult to carry on with their campaign. Cars and other vehicles of the petitioners and their supporters are being damaged by the goons and hooligans. As of now, at least 30 cars have been damaged, party's workers have been beaten and their properties, as well as party's offices, have been vandalized," the petition further added.
The aim of such a concerted plan appears to be to thwart the TMC from campaigning for the upcoming Municipal elections which are due to be held on November 25, 2021, it added.
AITC has also sought for issuance of directions to the State to restrain from using their power in an arbitrary and illegal manner so as to allow the TMC and its members to continue with the campaign in a free and fair manner.
