Calcutta High Court trims bike curbs: Pillion ban limited to 12 hours, delivery and app services get relief

In a significant relief for commuters ahead of the West Bengal Assembly elections, the Calcutta High Court has scaled back restrictions imposed on two-wheelers, limiting the ban on pillion riding to just 12 hours before polling instead of the earlier 48-hour window. 

The court ruled that pillion riding will remain prohibited only during the 12 hours preceding polling, while allowing exceptions for essential situations such as medical emergencies, family functions, and other urgent needs. 

Importantly, the order also brings clarity for polling day. Pillion riding will be permitted between 6am and 6pm on April 29 to facilitate voting and other essential activities, easing concerns for voters dependent on two-wheelers. “It’s not that the commission has the power to control everything in the world. But invoking its widest authority under Article 324, it is trying to regulate almost everything. In the name of stopping illegal acts by candidates, it is actually curtailing citizens’ rights, although that power has not been granted to it,” State advocate-general Kishore Datta said. 

In a major breather for the gig economy, the High Court retained exemptions for app-based bike services, delivery personnel, and office-goers travelling with valid identification. These categories will continue to operate despite the restrictions, ensuring minimal disruption to essential services and livelihoods. 

However, the court upheld the Election Commission’s decision to ban motorcycle rallies for 48 hours before polling, citing concerns over law and order. Justice Rao, however, observed that in Puducherry and Tamil Nadu, only bike rallies had been restricted, and not general two-wheeler movement. “Just show under which law you imposed restrictions on the general public’s use of bikes for 72 hours (including polling day). Show any SOP or manual that authorises this directive. I am not questioning restrictions on bike rallies — that is reasonable,” Justice Rao said.

The ruling came after petitions challenged the poll panel’s earlier blanket restrictions, with the court observing that such sweeping curbs on everyday mobility required stronger legal backing and practical justification. 

Overall, the judgment strikes a balance between maintaining election security and safeguarding the daily movement and economic activity of citizens.