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The Supreme Court today refused to entertain a petition seeking protection to opposition leaders and for conduct of free and fair assembly elections in West Bengal this year.

A bench of Justices Ashok Bhushan, Hemant Gupta and R. Subhash Reddy observed that the plea could not have been entertained under Article 32 and that the petitioner in the instant case shall be permitted to take such remedy as is permissible under law.

"There is a systemic violation of fundamental rights happening in the state of West Bengal. The state is using its might and power, custodial deaths of leaders happening. Hindu voters being prevented from voting," stated the Counsel, urging the Court to intervene.

While adding that the BJP President was attacked while rallying, the petitioner stated that in such a situation, fundamental rights could not be protected.

The PIL also asked the Ministry of Home Affairs to submit detailed action taken report regarding the investigation into the alleged killing of BJP leaders.

"In the past few years there have been incidents of systematic killings of political leaders including women especially belonging to BJP and leaders associated to the political party. The ruling party TMC (Trinamool Congress) has not done anything to stop the brutal violence against the leaders of political parties especially BJP and other political parties who are not in power in the State. There have been incidents at various parts of the State of West Bengal where the political leaders other than the ruling party have been systematically targeted with physical violence for vested reasons and the State Government has kept quiet on the violence against the political leaders especially BJP as it is only BJP which is seen as a threat by the ruling party mainly because of rising popularity of the BJP party in the State of West Bengal," the plea states.

The plea filed through advocate Vineet Dhanda, the plea states 

"The ruling party TMC has been using its administrative might to prevent action against those killers as no seriousness has been shown by the State Government in preventing the systematic killings of the political leaders. The police administration has become helpless at the instructions of the government as a result of which killings of opposition political party leaders is rising in the State and the State government is showing zero concerns over the lawlessness rising in the State."

In this context, the petitioner had sought a direction to ensure the safety of party workers belonging to opposition parties in West Bengal for free and fair assembly elections in 2021.

Puneet Kaur Dhanda has also requested for deployment of paramilitary forces in the state for a free and fair election.