New Delhi/Kolkata, April 2 Observing that West Bengal is the "most polarized state," the Supreme Court on Thursday delivered a scathing indictment of the state administration after seven judicial officers involved in the voter revision exercise were held hostage by protesters in Malda district, and directed a CBI or NIA probe into the incident.
The court criticized the administration for its "complete failure" and inaction regarding the "deplorable" siege and attack on the officers during the Special Intensive Revision (SIR) of the voter list, and also asked the EC to "deploy adequate Central Forces and deploy them at all places where judicial officers are adjudicating objections." West Bengal will have a two-phase election on April 23 and 29.
The court further stated that the incident was a "brazen attempt not only to intimidate the judicial officers" but also to challenge the authority of this Supreme Court.
The top court issued the order after taking suo motu cognizance of a letter from the Chief Justice of the Calcutta High Court detailing a harrowing night where the 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.
The officers were rescued by security forces around midnight on Wednesday after they were surrounded allegedly due to the deletion of names from the electoral rolls, officials said.
Rejecting the claims that the protest was "apolitical," 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? Were they not responsible for ensuring the safety of the officers? Was someone trying to take law and order into their own hands? The officers were surrounded at 5 o'clock, and your District Magistrate was not there until 11 PM," the CJI said.
Chief Minister Mamata Banerjee distanced herself from the incident and blamed the Election Commission for the alleged lapses in law and order.
Addressing rallies in Sagardighi and Suti in Murshidabad district, Banerjee accused the EC of "failing to protect" the judicial officers and asserted that she was fighting the battle politically despite having been stripped of administrative powers after the intervention by the poll panel.
"My powers have been taken away, and Bengal has been defamed. Nobody from the administration even informed me about the Malda incident."
Supporting the Supreme Court's observations, Banerjee said, "The Supreme Court has rightly said so."
Banerjee also accused Union Home Minister Amit Shah of scripting a "blueprint of conspiracy" to foment unrest in the state and ultimately pave the way for President's rule ahead of the assembly elections.
BJP leader Suvendu Adhikari alleged that the incident was "planned and organized by the TMC" under the leadership of Banerjee.
BJP national spokesperson Gaurav Bhatia said the incident was a "black spot" in the country's history, alleging that "TMC goons" acted at Banerjee's behest to obstruct the SIR exercise and protect Rohingyas.
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 related to voter lists.
"The Election Commission is also directed to entrust the inquiry/investigation in yesterday's incident to an independent agency - that is CBI or NIA. A compliance report to be submitted. The agency to whom investigation is entrusted would be obligated to submit a preliminary report directly to this court," the court ordered.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, directed the state chief secretary, the DGP, and the district magistrate and SSP of Malda to "show cause as to why suitable action be not taken against them in light of the contents of the letter received from the Chief Justice of the Calcutta High Court."
The CJI directed all 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 Banerjee.
Responding to the submissions of the West Bengal Advocate General that the poll panel should not be acting as an adversary in this matter, the CJI said, "Unfortunately, in your state, everyone speaks in political terms, 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. Very unfortunate."
Senior advocate D S Naidu, appearing for the EC, said that "mobocracy" was not acceptable.
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.
