Calcutta HC overturns EC's 48-hour motorcycle ban to 12 hours
What's the story
The Calcutta High Court has modified the Election Commission's (EC) 48-hour motorcycle movement ban for the upcoming assembly elections. The court allowed pillion riding on two-wheelers with certain exemptions, such as for school runs or medical emergencies. However, it imposed a 12-hour restriction on pillion riding on poll day from 6:00am to 6:00pm.
Legal reasoning
HC argues against blanket restrictions
Justice Krishna Rao, who presided over the case, argued against blanket restrictions on motorcycle riding in the name of free and fair polls. He said, "In the name of free and fair polls, authorities cannot pass a blanket restriction on motorcycle riding." The court, however, did not interfere with the 48-hour ban on motorcycle rallies to prevent violence.
Exemptions detailed
Pillion riding allowed under certain conditions
The court allowed pillion riding only for family members under certain conditions. These include voting, medical emergencies, or family functions. It also exempted service providers like Ola, Uber, Zomato, Swiggy, and similar home delivery agencies from the restriction. Office-goers with proper identification were also exempted from this ban.
Powers and security
Adequate security arrangements in place, court notes
The court observed that while the EC has superintendence powers to ensure free and fair elections, it must conform to existing laws. It also noted adequate security arrangements were in place with paramilitary forces and local police deployed for election day. This reduced the need for blanket restrictions on motorcycle movement.