New Delhi | The Supreme Court on Monday exercised its plenary power to transfer cases related to gherao and attack on seven judicial officers engaged in Special Intensive Revision (SIR) exercise in Malda district to the National Investigation Agency (NIA).
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that the credibility of West Bengal bureaucracy is being lowered and politics is being brought into the secretariat and government offices.
The bench ordered that 26 people arrested by the state police in connection with the Malda incident be interrogated by the NIA even if they are in judicial custody.
The top court pulled up West Bengal Chief Secretary Dushyant Nariala for not picking up the calls of the Calcutta High Court Chief Justice on the day of the incident on April 1, when a gherao of judicial officers took place.
The bench asked the chief secretary to apologise to the Calcutta High Court Chief Justice for not taking the calls and said it represents the failure of the district administration.
The top court said the Malda incident, in which judicial officers engaged in SIR work were gheraoed for hours, was actually pre-planned and motivated.
Seven hundred judicial officers from West Bengal, Odisha and Jharkhand were deployed in the ongoing SIR process to deal with over 60 lakh objections of those who are excluded from the voter lists during the SIR process.
New Delhi | Observing that the central forces will remain deployed keeping in mind the recent incidents, the Supreme Court on Monday said around 60 lakh claims and objections of those removed from voters' lists in the ongoing Special Intensive Revision (SIR) of electoral rolls in poll-bound West Bengal will be decided during the day.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi referred to the letter of Calcutta High Court Chief Justice and said that judicial officers decided over 59.15 lakh claims and objections out of approximately 60 lakh cases by noon on April 6.
"The central forces will not be withdrawn from West Bengal looking at the way things have happened in the past," the CJI said, adding, "If state machinery fails, then we will see what can be done."
The bench observed that even in Malda district, where judicial officers reportedly faced disruptions including gherao, around eight lakh cases had been disposed of.
The Election Commission, represented by senior advocate D S Naidu, informed the bench that the remaining claims would be decided during the day and that a supplementary electoral roll would be published later on Monday night.
The court also allowed time until April 7 for completing pending digital signature uploads.
Senior advocate Shyam Divan, appearing for Chief Minister Mamata Banerjee, submitted that 19 appellate tribunals set up to hear challenges against voter deletions were yet to become fully operational.
The bench directed the Chief Justice of the Calcutta High Court to constitute a three-member panel of former senior judges to frame uniform procedures for these tribunals.
The panel has been asked to finalise guidelines by April 7 to ensure expeditious disposal of appeals.
The court clarified that tribunals would have the authority to examine reasons for inclusion or exclusion from voter rolls and review documentary evidence, including records not uploaded online.
The court expressed concern over reported threats and obstruction faced by judicial officers during the revision process and warned that if state machinery fails to ensure safety, it would consider appropriate measures.
In view of past incidents, the bench also indicated that central forces would not be withdrawn from West Bengal at this stage.
During the hearing, the bench emphasised the need to create an environment enabling tribunals to function effectively and fairly. Justice Bagchi underscored that the role of the Election Commission is to expand electoral participation rather than restrict it.
