[Tripura Municipal Polls] Supreme Court orders DGP, Home Secretary to take measures to ensure free and fair elections

The Supreme Court on Thursday ordered the Director General of Police (DGP) for Tripura and the Home Secretary of Tripura to take necessary measures to ensure that there is no violence in the upcoming Municipal elections in the State and no political party is denied its right to political campaigning in the State (AITC v State of Tripura)..The order was passed by a Bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath on a plea by All India Trinamool Congress (TMC) seeking protection from violence against its party workers in Tripura.."We are of the view that since the election process has commenced, it is the duty of the respondents to show that no political party is denied its rights, in accordance with law, for political campaigning in a peaceful an orderly manner. So appropriate arrangements are to be made to ensure maintenance of law and order," the Court directed. .Senior Advocate Gopal Sankaranarayanan appeared on behalf of the petitioners apprised the court that the matter was listed before the High Court of Tripura for hearing on November 11, 2021, but the same could not be taken up due to the court being on recess. Since the elections are set to take place on November 25, the petitioners have approached the apex court, it was contended. .The Senior Counsel also highlighted the incidents of violence that took place on October 22, 2021 against TMC workers including Member of Parliament Sushmita Dev. An FIR was registered for offences under Section 323 (voluntarily causing hurt), 427 (mischief), 379 (theft) of the Indian Penal Code, however, no arrests have been made, it was pointed out. Sankarnarayanan also submitted that the representatives of TMC are being prevented from exercising their right to electoral campaigning with the party not being granted permission to campaign by the police citing security reasons.In this regard, the Bench noted that permission for a meeting at Agartala was denied."Annexure P6 is a document declining permission to hold meeting in Agartala city on the apprehension that it will result in similar riotous situation which happened earlier," the Bench observed..The Court, therefore, asked the State and the DGP to file an affidavit detailing the measures taken to ensure free elections. "As regard of the plea for individual security, the Superintendent of Police shall take a decision having regard to threat perception with regards to each case and area and take appropriate actions with respect to security," the Bench stated..The matter will be heard again after two weeks.Municipal elections are scheduled to be held in Tripura from November 25. .TMC has submitted in its petition that ever since it began campaigning for polls, its workers have faced violent attacks from goondas in a bid to prevent the party from contesting the elections.Over 30 cars belonging to party have been damaged and party offices have been vandalised, it was contended.The plea filed through advocate Rajat Sehgal said that it is obligatory for the States to create an atmosphere which would enable unhindered political participation in elections.The TMC, therefore, prayed for a direction to the Tripura government to ensure that it maintains safety and security in areas where the polls will be held.The petition also sought a probe into the acts of vandalism by a special investigation team (SIT) headed by a retired judge.