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‘Shouldn’t stop political party from campaigning’: SC orders Tripura on TMC plea
The Supreme Court directed Tripura SPs concerned to ensure protection to TMC workers having regard to the threat perception and take necessary action for the maintenance and provision of security.
NEW DELHI: No political party should be prevented from campaigning and pursuing its electoral rights, said the Supreme Court on Thursday as it directed the Tripura government to make all arrangements to maintain law and order to allow all political parties in the fray to have an unimpeded right to campaign peacefully ahead of the ensuing municipal elections in the state.
The order came on a petition filed by the Trinamool Congress (TMC) led by Mamata Banerjee that is contesting elections for one municipal corporation seat, 13 municipal council and 6 Nagar Panchayat seats to be held on November 25. Tripura is presently ruled by Bhartiya Janata Party (BJP).
The TMC complained that incidents of violence have been reported against the political party in the state since August, and now the party was prevented from holding rallies and mass contact programmes by the police on the ground of possible mischief by opposition parties.
Dealing with the issue, a bench headed by justice Dhananjaya Y Chandrachud issued notice and said, “Since the election process has commenced, it is the bounden obligation of the respondents (state government and police) 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.”
Posting the matter for November 25, the bench also comprising of justices Surya Kant and Vikram Nath said, “We direct the respondents, by way of an ad-interim order (passed without hearing the other side), to duly consider the grievance so that appropriate arrangements are 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.”
Rajya Sabha Member of Parliament Sushmita Dev, who recently quit the Congress to join Trinamool Congress, was also a petitioner in the plea filed by the political party.
Senior advocate Gopal Shankararnaraynan appearing for the two petitioners informed the court that in September, the police denied them permission to hold a massive rally and now less than two weeks were left for the elections. He further stated that the party members and workers associated with MP Sushmita Dev apprehended a threat to their lives.
The court directed the superintendents of police concerned who are party to the petition to ensure protection to TMC workers having regard to the threat perception and take necessary action for the maintenance and provision of security.
The court held, “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.”
By the next date of hearing, the court directed the state government to file an affidavit detailing steps taken pursuant to the Court order to ensure the ensuing municipal polls remain free and fair.
