Post-Election Violence: Calcutta HC Allows Complaints via Email

Expressing concern over reported post-poll violence in certain areas of West Bengal after the Lok Sabha elections, the Calcutta High Court passed a directive, permitting affected individuals to submit complaints to the state’s Director General of Police (DGP) via email.

The court’s decision followed a petition seeking police direction to ensure the protection of opposition party workers amidst allegations of post-poll violence in some regions of the state following the elections.

Highlighting potential consequences, the court warned that if the state machinery fails to safeguard citizens’ lives and property, appropriate orders will be issued during the next hearing.

A division bench of Justice Kausik Chanda and Justice Apurba Sinha Ray scheduled the matter for further hearing after 10 days.

Procedure for Complaints

The bench directed that affected persons could email complaints to the DGP regarding incidents of post-poll violence, alongside the standard procedure under the CrPC (Code of Criminal Procedure). It specified that if such complaints reveal cognizable offenses, the DGP must promptly instruct the concerned police station to register an FIR under relevant legal provisions.

Furthermore, the court instructed the DGP to oversee the investigation’s progress upon FIR registration.

Observing the severity of the situation, the division bench acknowledged various incidents of violence associated with or following the 2024 Lok Sabha elections, as reported by the press and electronic media.

Emphasizing impartiality, the court asserted its primary objective to facilitate the registration of complaints concerning post-poll violence, irrespective of political affiliations.

Collaboration for Citizen Safety

The court mandated that if necessary, both the police and central forces, deployed in the state by the Election Commission, should collaborate to ensure the safety and security of citizens based on complaints filed through email addresses provided by the state and cited in the court’s order.

Additionally, the court directed an officer not below the rank of inspector general of police, on behalf of the DGP, to submit an affidavit disclosing complaints received via email and actions taken by the police following FIR registration on the next hearing date.

After the Lok Sabha election concluded, the Election Commission (EC) decided to maintain a substantial presence of central forces in the state for an extended period.

Reflecting on past events, the court noted that instances of post-poll violence were not unprecedented in West Bengal. It referenced similar incidents reported after the 2021 assembly elections, following which a five-judge bench had ordered a CBI probe into alleged cases of murder and crimes against women, including rape or attempted rape, related to post-election violence.

Additionally, the bench had formed a Special Investigation Team (SIT) comprising three IPS officers of the West Bengal cadre to oversee investigations into other cases following PILs seeking an independent probe into alleged violence post-assembly elections.

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