New Delhi, April 2 The Supreme Court on Thursday strongly criticized the West Bengal administration for their alleged inaction regarding the "deplorable" siege and attack on seven judicial officers in Malda district during the SIR (Summary Inquiry Report) process and ordered an independent investigation by the CBI or NIA.
In a scathing indictment of the state administration, the top court said the incident "also exposes the complete failure of the state administration" and observed that West Bengal is the "most polarized state."
The court asked the Election Commission to "requisition adequate Central Forces and deploy them at all places where judicial officers are adjudicating objections" in the ongoing SIR process for electoral rolls in the upcoming elections.
"The Election Commission is also directed to entrust the inquiry/investigation into yesterday's incident to an independent agency – that is, the CBI or NIA. A compliance report must be submitted. The agency entrusted with the investigation will be obligated to submit a preliminary 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 raised by those excluded from the voter lists during the process.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi directed the state chief secretary, DGP, and the District Magistrate and SSP of Malda district "to explain why suitable action should not be taken against them in light of the letter received from the Chief Justice of the Calcutta High Court."
The CJI directed all top officials to appear before the court online on April 6, when the bench will hear the pleas, including the one filed by Chief Minister Mamata Banerjee.
"We will not allow anyone to intervene and take the law into their own hands to instill fear in the minds of judicial officers. However, this constitutes criminal contempt. It also exposes the complete failure of the state administration. The manner in which the chief secretary, home secretary, DGP, and the SP have acted is highly deplorable. They must explain why, upon being informed, they failed to take any effective measure," the bench said.
It also took 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 according to 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 siege began, and the Registrar General of the High Court immediately informed the state authorities.
He further stated 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 given for immediate action. But no action was taken. Even food and water was not provided 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 after 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 and they were trying to return to their respective residences, stones were pelted at their vehicles and they were also attacked with sticks and bricks. The Chief Justice has deprecated the delay in taking action by the state administration. This incident is likely to have a chilling effect on judicial officers who are working tirelessly. We are extremely disappointed to note that the chief secretary could not be contacted...no message could be shared with him," he said.
"Till 11 o'clock, your Collector was not present. I had to personally instruct very harsh orders in the night," the CJI said.
The CJI was furious when a few lawyers tried to term the incident as a routine protest.
"The judicial officers who have been entrusted with duties in the SIR process are performing duties for and on our behalf. They are our extended hands. Yesterday's incident is a brazen attempt not only to intimidate the judicial officers, but it also amounts to challenging the authority of this court. This is not a routine incident. Ex-facie, it is a calculated and deliberate move to demoralize the judicial officers…" the order said.
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, and property, as well as their family members, will be protected.
"If any judicial officer has apprehension about the security of his family, such threats must be immediately addressed, and adequate measures must be taken," it ordered.
The election panel is also directed to take all necessary measures to ensure safe and smooth functioning, adding that more than five people cannot be allowed to assemble where judges are working.
Responding to the submissions of the West Bengal 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 a 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."
