New Delhi, Apr 2 (PTI) Terming West Bengal the “most polarised state”, the Supreme Court Thursday slammed the administration for its “complete failure” and inaction over the “deplorable” gherao and attack on seven judicial officers in Malda district during the electoral rolls revision drive and directed a CBI or NIA probe besides deployment of central forces in the poll-bound state.
In a scathing indictment, the top court said the incident “also exposes a complete failure of the state administration” and was a “brazen attempt not only to browbeat the judicial officers” but also amounted to challenging the Supreme Court’s authority.
Dismissing the submissions that it was “apolitical protest”, the Chief Justice Surya Kant-led bench said it was not a “routine incident. Rather, ex-facie a calculated, deliberate move to demoralise the judicial officers”.
“If the protest was apolitical, then what were the political leaders doing? Was it not their duty to get to the spot and see what’s happening? That somebody’s trying to take law and order in their hands? At 5 o’clock, these people gheraoed the officers and till 11 PM, your collector was not there,” the CJI said.
The court directed the Election Commission to requisition and deploy adequate central forces at locations where judicial officers have been assigned to adjudicate objections under the SIR process.
“We also direct the ECI to entrust the inquiry/ investigation into yesterday’s incident to an independent agency, such as the Central Bureau of Investigation or the National Investigation Agency. Appropriate orders to this effect shall be passed during the course of the day. A compliance report regarding this shall also be submitted to this court. In this regard, we further direct the agency entrusted with the investigation to submit a preliminary inquiry report directly to this court,” it ordered.
As many as 700 judicial officers from West Bengal, Odisha and Jharkhand are 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.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, directed the chief secretary, the Director General of Police and the Chief Electoral Officer of West Bengal to submit a compliance report in pursuance of its directions.
“Additionally, the chief secretary, the DGP, the District Magistrate, Malda and the Superintendent of Police, Malda are also directed to show cause as to why suitable action should not be taken against them in light of the letter received from the Chief Justice of the High Court,” it ordered.
The CJI directed all the top officials to appear before it online on April 6 when the bench will take up the pleas, including the one filed by Chief Minister Mamata Banerjee.
Responding to the submissions of the advocate general of West Bengal that the poll panel should not be acting as an adversary in this matter, the CJI said, “Unfortunately in your state each one speaks political language and this is the most polarised state. You are forcing us to make observations. Do you think we are not aware of who the miscreants are? I was monitoring everything till 2 am. Very very unfortunate.” Senior advocate D S Naidu, appearing for the EC, said such “mobocracy” was not accepted. Solicitor General Tushar Mehta also termed the incident an “unacceptable” assault on the Supreme Court itself, as the judicial officers were performing the duty entrusted to them by the top court.
“We have no hesitation in observing that we will not permit any person to take the law into their own hands so as to create a climate of psychological fear in the minds of judicial officers who are discharging their duties. Such conduct, undoubtedly, amounts to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971. Besides, it reflects a complete failure on the part of the civil and police administration, in so far as the law and order situation in Malda district is concerned,” the bench ordered, adding the inaction of the officials was “highly deplorable”.
It took suo motu cognisance of a letter from the Chief Justice of the high court detailing a harrowing night where judicial officers, including three women and a five-year-old child, were held captive by a mob for over nine hours without food or water.
The incident occurred during the SIR exercise in the Kaliachowk area of Malda district and as per the order, seven judicial officers were gheraoed by “anti-social elements” at a BDO office starting at 3:30 PM on Wednesday.
During the hearing, the CJI referred to the “shocking” timeline of the incident and said at 3:30 PM, gherao began and the Registrar General of the high court informed the state authorities immediately.
He went on and said till 8.30 PM, despite repeated pleas, no tangible action was taken by the state officials, he said.
“Nothing, however, was done till 8.30 PM. The Registrar General then contacted the Home Secretary and the DGP. Assurance was made for early action. But no action was taken by authorities. Even food and water was not permitted to be supplied to the judicial officers,” the order noted.
The Chief Justice of the high court was forced to intervene personally, placing group calls to the home secretary and DGP.
The home secretary and the DGP arrived at the CJ’s residence and the judicial officers, who were held hostage, were relieved post midnight.
Even after the rescue, the judicial officers’ vehicles were pelted with stones and attacked with sticks and bricks, the CJI said.
“Shockingly, when the judicial officers were released around midnight and were returning to their respective places of stay, their vehicles were pelted with stones and attacked with bamboo sticks and bricks. In this light, the Hon’ble Chief Justice has strongly deprecated the delay on the part of the civil and police administration in taking appropriate action,” he said.
“Till 11 o’clock, your Collector was not there. I had to verbally instruct very harsh orders in the night,” the CJI said.
The bench noted its disappointment on perusing the letter of the HC Chief Justice, that the chief secretary could not be contacted, as he had not shared a mobile number with WhatsApp facility, as a result no communication could be conveyed to him.
The CJI was furious when a few lawyers tried to term the incident as a routine protest.
The bench also issued a slew of directions to ensure that no impediment is caused in the SIR process entrusted to judicial officers and to assure them that their life, liberty, property and family members will be protected.
“If any judicial officer has apprehension of security of his family, such threat perception to be immediately accessed and adequate measures to be taken,” it ordered.
The poll panel to take all remedial measures to ensure safe and smooth functioning, it said, adding that more than five persons cannot be allowed to assemble where judges are working. PTI SJK MNL ZMN
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.