In New Delhi, the Supreme Court strongly criticized the West Bengal administration for its handling of the recent events, particularly the "deplorable" gherao and attack on seven judicial officers in Malda district during the electoral rolls revision process. The court directed a CBI or NIA investigation and the deployment of central forces in the state.
The court emphasized that this incident also highlighted the "complete failure" of the state administration and constituted a "brazen attempt" to intimidate the judicial officers and challenge the authority of the Supreme Court.
Rejecting the argument that the protest was "apolitical," the CJ Surya Kant-led bench stated that it was not a "routine incident," but rather a "calculated and deliberate move to demoralize the judicial officers."
The CJI questioned the actions of political leaders, asking why they did not intervene to stop the gherao and ensure the safety of the officers. He noted that the officers were surrounded from 5 pm until 11 pm, and the district magistrate was not present.
The court instructed the Election Commission to requisition adequate Central Forces and deploy them at all locations where judicial officers are adjudicating objections during the ongoing SIR process.
The Election Commission was also directed to entrust the investigation to an independent agency – CBI or NIA – and submit a compliance report. The agency tasked with the investigation would be obligated to submit a preliminary report directly to the court.
Approximately 700 judicial officers from West Bengal, Odisha, and Jharkhand are deployed in the ongoing SIR process to address over 60 lakh objections related to voter lists.
The bench, comprising Justices Joymalya Bagchi and Vipul M Pancholi, directed the state chief secretary, DGP, and district magistrate and SSP of Malda to "explain why suitable action should not be taken against them" based on the letter received from the Calcutta High Court Chief Justice.
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.
Responding to the arguments of West Bengal's Advocate General that the election panel should not be acting as an adversary, the CJI said, "Unfortunately, in your state, everyone uses political language, and this is the most polarized state. You are forcing us to make observations. Do you think we are unaware of who the perpetrators are? I was monitoring everything until 2 am. This is very unfortunate."
Senior advocate D S Naidu, representing the Election Commission, stated that such "mobocracy" is unacceptable. Solicitor General Tushar Mehta also termed the incident as an "unacceptable" assault on the Supreme Court, as the judicial officers were performing their duty as entrusted by the court.
The court emphasized that it would not allow anyone to intervene and take law into their own hands to instill fear in the judicial officers. However, this constitutes criminal contempt and exposes the complete failure of the state administration. The manner in which the chief secretary, home secretary, DGP, and SP acted is highly deplorable, and they must explain why they failed to take effective measures.
The court 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 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, stating that at 3:30 PM, the gherao began, and the Registrar General of the high court informed the state authorities immediately.
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 made for early action, but no action was taken. 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 judicial officers were released and they were going back to their respective residences, stones were pelted on 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 there. I had to verbally 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 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, it also amounts to challenging the authority of this court. Not a routine incident. Ex-facie 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, 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 election panel is directed 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.