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Calcutta HC Tweaks Motorcycle Ban for West Bengal Polls

The Calcutta High Court division bench modified a single-judge order on motorcycle restrictions during Bengal Assembly polls. It barred motorbike rallies and group riding from April 27 to April 29. The single-judge had earlier ruled that a blanket ban lacked legal basis. Exemptions remain for emergency services and essential commuters with valid identification.

Key Points: Calcutta HC Modifies Motorcycle Restrictions for Bengal Elections

  • Division bench bars motorbike rallies and group riding from April 27-29
  • Single-judge had set aside blanket ban on motorcycle use
  • Exemptions for delivery personnel, office-goers with valid ID
  • Order balances security concerns with citizen mobility rights
2 min read

Calcutta HC tweaks single-judge bench order on motorcycle restrictions during Bengal Assembly polls

Calcutta High Court modifies single-judge order on motorcycle restrictions ahead of West Bengal Assembly polls, barring rallies and group riding from April 27-29.

"In the interest of ensuring security and peaceful casting of votes, the earlier directions required a limited modification. - Calcutta High Court"

Kolkata, April 27

The Calcutta High Court on Monday slightly modified its single-judge bench order on restrictions on the use of motorcycles ahead of the second and final phase of the Assembly elections in West Bengal.

A division bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta directed that not only motorbike rallies but group riding on two-wheelers will also be barred on polling day and two days prior to it.

Effectively, riding motorcycles in groups will not be allowed from April 27 to April 29.

The order came on an appeal filed by the Chief Electoral Officer (CEO) against an April 24 directive of a single-judge bench. The single-judge bench of Justice Krishna Rao had held that the Election Commission of India (ECI) could not impose a blanket restriction on motorcycle riding in the name of conducting free and fair elections, as it set aside a notification issued by the CEO that effectively barred motorcycle use between 6 p.m. and 6 a.m. in the days leading up to polling, except in limited circumstances.

It had observed that while the ECI was justified in prohibiting motorbike rallies to prevent violence, a complete restriction on motorcycle movement lacked a legal basis and disproportionately affected citizens, including professionals dependent on two-wheelers for daily commuting.

At the same time, the single bench had permitted a set of calibrated restrictions.

These included a ban on motorbike rallies from two days before polling, limits on pillion riding in the 12 hours preceding polling (with exceptions for emergencies and essential activities), and regulated use of motorcycles on polling day for voting and other necessities. Exemptions were also allowed for service providers such as delivery personnel and office-goers with valid identification.

Hearing the CEO's appeal, the division bench said that in the interest of ensuring security and peaceful casting of votes, the earlier directions required a limited modification. Accordingly, the court ordered that no motorbike rally or biking in groups shall be allowed during polling day and two days prior to polling day. The rest of the order passed by the single judge was left unchanged.

- IANS

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Reader Comments

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Priya S
As someone who works in Swiggy in Kolkata, I was really worried about the blanket ban. The single-judge order was a relief. Glad the division bench kept the exceptions for delivery personnel and office-goers. Hope election day passes peacefully without violence.
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Arun Y
The ECI should have been more careful. Blanket restrictions show they don't trust their own security arrangements. Bandobast should be good enough to prevent violence without punishing ordinary citizens. Motorcycle rallies can still spread tension, so the ban on group riding makes sense.
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James A
Interesting legal nuance. Justice Rao correctly noted that the ECI cannot impose a blanket ban without legal basis - that's basic rule of law. The division bench's modification about group riding is reasonable for security. Fair judgment overall.
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Nisha Z
Arre yaar, why can't the ECI just do proper policing instead of these bans? In Bengal, political violence is real, but we also have a right to move freely. Single bench order was better. At least exemptions for emergencies and voters are there. Let's hope voting is peaceful.
K
Kiran H
I appreciate the court balancing security with citizens' needs. But honestly, if the ECI can't handle motorcycle rallies, maybe they need better strategies. Group riding ban for two days is okay, but 6pm-6am blanket ban was too much. Daily wage workers would have suffered.
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