
The Calcutta High Court emphasized that the Election Commission of India (ECI) must resort to preventive detention only when "absolutely essential" to ensure peaceful polling in West Bengal.
The bench of Justice Arijit Banerjee and Justice Partha Sarathi Sen stressed that personal liberty under Article 21 can only be curtailed through due process.
The ruling came during a challenge to a memo issued by the Chief Electoral Officer for actions against alleged "troublemakers."
While the ECI withdrew the memo during the hearing, the Court reminded the constitutional body to discharge its duties impartially and without political bias.
[Md Danish Farooqui v. Election Commission of India & Ors]
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