New Delhi, Apr 2 – The Supreme Court on Thursday strongly criticized the West Bengal administration for its “complete failure” and inaction in response to the “deplorable” siege and attack on seven judicial officers in Malda district during the voter registration drive, and directed a CBI or NIA investigation, as well as the deployment of central forces in the election-bound state.
In a scathing indictment, the top court said the incident also exposed a “complete failure” of the state administration and was a “brazen attempt” not only to intimidate the judicial officers but also to challenge the Supreme Court’s authority.
Dismissing arguments that the incident was a “apolitical protest,” the bench led by Chief Justice Surya Kant said it was “not a routine incident. Rather, it was a calculated, deliberate move to demoralize 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 was happening? Was somebody trying to take law and order into their own hands? At 5 o’clock, these people surrounded the officers, and until 11 PM, your district magistrate 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 Systematic Voter Registration (SIR) process.
“We also direct the ECI to entrust an independent agency, such as the Central Bureau of Investigation or the National Investigation Agency, with the investigation/inquiry into yesterday’s incident. Appropriate orders to this effect shall be passed during 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,” the court ordered.
Approximately 700 judicial officers from West Bengal, Odisha, and Jharkhand are deployed in the ongoing SIR process to address over 60 lakh objections of those excluded from voter lists during the process.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, directed the West Bengal Chief Secretary, Director General of Police, and Chief Electoral Officer to submit a compliance report in accordance with the court’s directions.
“Additionally, the Chief Secretary, DGP, District Magistrate, Malda, and Superintendent of Police, Malda, are also directed to explain why suitable action should not be taken against them in light of the letter received from the Chief Justice of the High Court,” the court ordered.
The CJI directed all top officials to appear before the court online on April 6 when the bench will hear the petitions, including the one filed by Chief Minister Mamata Banerjee.
Responding to the arguments of West Bengal’s Advocate General that the election panel should not be acting as an adversary in this matter, the CJI said, “Unfortunately, in your state, everyone speaks in political language, and this is the most polarized state. You are forcing us to make observations. Do you think we are not aware of who the miscreants are? I was monitoring everything until 2 am. This is very unfortunate.”
Senior advocate D S Naidu, appearing for the EC, said such “mobocracy” was not acceptable. Solicitor General Tushar Mehta also termed the incident as “unacceptable” assault on the Supreme Court itself, as the judicial officers were performing their duty entrusted to them by the top court.
“We have no hesitation in observing that we will not allow anyone to take the law into their own hands 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 that the inaction of the officials was “highly deplorable.”
The court took suo motu cognizance 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 surrounded 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 that at 3:30 PM, the gherao began, and the Registrar General of the high court immediately informed the state authorities.
He went on to say that until 8:30 PM, despite repeated pleas, no tangible action was taken by the state officials.
“Nothing was done until 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 released 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 after reviewing the HC Chief Justice’s letter, that the Chief Secretary could not be contacted, as he had not shared a WhatsApp number, resulting in no communication.
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.
