The Supreme Court on Tuesday turned down a plea made by All India Trinamool Congress to postpone the Tripura local body elections scheduled on Novembe 25 on account of alleged acts of violence and intimidation against TMC members.
However, the Court issued additional directions to the Tripura police to enhance the security arrangements for the smooth conduct of the polling and and the declaration of results.
Postponing elections is a matter of last and extreme recourse. It is our considerate view that, short of postponing elections, he apprehensions expressed by the petitioners can be suitably redressed by issuing suitable directions to the State of Tripura so as to ensure that the remaining phases of municipal elections take place in a safe and secure manner and the reports of law and order which have been drawn to the attention of enforcement agencies are dealt with in accordance with law”, the bench comprising Justices DY Chandrachud and Vikram Nath observed in the order.
The Court also directed the Tripura police to act in an even-handed and non-partisan manner to redress the grievances of AITC that its supporters and candidates were unfairly targeted during the campaign.
..”We are equally of the view that it is the duty of the DGP , IGP and Home Secretary to assuage any misgivings about the fairness of the law enforcement machinery in supporting the electoral process. The law enforcement agencies must discharge their duty in an even handed and nonpartisan manner to obviate the grievances that the candidates and supporter of AITC are unfairly targeted by contesting political groups”, the bench stated in its order.
The bench took note of the signed statements filed by the Director General of Police of Tripura and the Inspector General of Police (Law & Order, Tripura) regarding the deployment of paramilitary forces in the state. The bench noted that 3 battalions of CRPF are stationed in the state. Though the State made a requisition before the Ministry of Home Affairs for three additional battalions, the MHA, having regard to the need in Jammu and Kashmir, instructed CRPF Agartala to provide 3 companies by “thinning out” from the existing deployment. As per the statement, the position at present is that 3 battalions of CRPF of 18 companies (9 sections per company) are deployed in the state for field duty 17 companies have been drafted for election duty. 12 more sections are to be drafted for election duty at Agartala. This indicates out of 3 battalions of CRPF near 3 battalion strength is bring deployed for election.
In this backdrop, the Court issued these directions as well : 1. The DGP and the IGP(Law & Order Tripura) shall hold a joint meeting with the State Election Commission by tomorrow morning for the purpose of assessing the availability of sufficient strength of paramilitary forces drawn from CRPF for ensuring the peaceful conduct of elections.
2. After making an assessment of situation of ground, if so required, a requisition shall be submitted to the CRPF or MHa, as the case may be. Any such request shall be duly considered having regard to the ground situation and in the interest of peace, security and orderly conduct of elections in the interest of peace, security and orderly conduct of elections in the state of Tripura.
3. The DGP and IG shall take all steps to ensure that the election process is conducted in a peaceful and ordely manner without any disruption, particularly on the date of polling, leaving up to the counting on November 28.
“Since a serious grievance has been expressed by the petitioners that despite the lodging of FIRs no action has been taken, the respondents shall submit before this court a tabulated statement of the complaints which have been lodged, FIR which have been registered, action which has been taken and arrests which have been made”, the Court further directed. The Court will consider the matter next on November 25 to ascertain compliance.
