The Supreme Court on Thursday took a serious view of the violence and intimidation faced by seven judicial officers who are deployed to adjudicate claims in the Election Commission of India’s Special Intensive Revision (SIR) process in Malda district, West Bengal.
The apex court termed the incident a ‘brazen and deliberate’ attempt to obstruct the administration of justice. The bench led by CJI Surya Kant noted with concern that despite prior intimation, the State authorities failed to act promptly, leaving judicial officers without protection, food, or water for hours, ANI reported.
Furthermore, the Court issued show-cause notices to senior State officials, including the Chief Secretary, Home Secretary, and Director General of Police, for their inaction.
Meanwhile, according to several media reports, the Court also called West Bengal the “most polarised state.”
The top court directed the ECI to requisition and deploy adequate central forces to ensure the safety of judicial officers and the smooth conduct of the SIR adjudication process.
It further mandated strict security measures at all venues, limited public entry, and ordered immediate assessment of any threat perceptions faced by officers or their families, while requiring compliance reports and the virtual presence of officials at the next hearing.
“We are extremely disappointed to note these developments. Our previous order clearly reflects that judicial officers, who are entrusted with adjudicating the SIR process, must be allowed to perform their duties without fear or obstruction. The incident that took place is brazen and strikes at the very root of the rule of law. It amounts to a direct challenge to the authority of the Court. This was not a spontaneous act but appears to be a well-planned and deliberate attempt to demoralise judicial officers and obstruct the ongoing process of adjudication of objections. We will not permit any individual or group to take the law into their own hands or to create psychological fear in the minds of judicial officers,” the Court stated.
“This conduct undoubtedly amounts to criminal contempt of court. It also exposes the failure of the State administration. The conduct of the Chief Secretary, Home Secretary, Director General of Police, Collector, and Superintendent of Police is highly deplorable. Accordingly, we issue show-cause notices to them as to why effective measures were not taken. The Election Commission of India (ECI) is directed to seek the deployment of central forces to protect the judicial officers. Taking cognisance of yesterday’s incident, we further direct that no obstruction or impediment shall be caused to the ongoing adjudication process. We reiterate that this Court shall ensure that the life, property, and family members of the judicial officers are duly protected”, SC added.
The Court has ordered certain interim directions to ensure protection to judicial officers performing SIR duties:
SC ordered, “The ECI is directed to requisition adequate central forces and deploy them at all places where judicial officers are conducting SIR adjudication. Adequate security must also be provided at hotels, guest houses, and other places where these officers are presently staying. If any judicial officer or their family members have apprehensions or threat perceptions, the same shall be immediately assessed and appropriate action taken.”
The Court also noted that all other necessary measures required to ensure safety and smooth functioning shall be undertaken by the poll body in coordination with the State Government.
“The Chief Secretary, Home Secretary, and DGP are jointly directed to ensure that not more than 3-5 persons are allowed to enter the premises at a time for filing objections. At no place where SIR adjudication is ongoing shall more than five persons be permitted entry at any given time. The Chief Secretary and DGP shall file a compliance report before the Court,” the apex court further ordered.
The Collector, Chief Secretary, DGP, District Magistrate, and SSP were directed to show cause as to why appropriate action should not be taken against them in light of the letter received from the Chief Justice of the High Court. They were further directed to remain present (virtually) on April 6, the next date of hearing.
Protests in Malda
A protest began in Malda on Thursday morning, this time in the Mangalbari area of the old Malda block. The protesters stated that many of their names have been removed from the voter list despite having valid documents.
Protests are being held in the old Malda block today for the same demand that was made in the Kaliachak protest on Wednesday. The protesters say they are agitating against their names being removed from the voter list despite having all the proper documents, according to IANS.
Meanwhile, the ECI has sought a report from the Director General of West Bengal Police on the incident of seven Judicial Officers, including three women, who were involved in the ongoing judicial adjudication of voters classified under the “logical discrepancy” category, being gheraoed and held hostage at Kaliachak in Malda district by a group of voters whose names had been deleted in the process.
At around 1 am Thursday, a police contingent led by senior officials of the district police arrived at the spot, removed the protesters, rescued the Judicial Officers, and escorted them out to a safe location.
They were rescued after remaining gheraoed for around nine hours. Furthermore, there had been reports from the district that even while being shifted to a safe location after being rescued, there was an attempt to attack the convoy.
Bureau Report
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