The Supreme Court ordered deployment of central armed forces to protect judicial officers after they were gheraoed and attacked in West Bengal during electoral roll revision work. The Court called the incident a serious attack on the rule of law and sought explanation from top state officials.
The Supreme Court on Thursday took a very serious view of the incident in West Bengal where protestors allegedly threatened and surrounded judicial officers who were posted for Special Intensive Revision (SIR) of electoral rolls. The Court strongly criticised the West Bengal government and ordered that central armed forces be deployed to ensure the safety of the judicial officers performing election-related duties.
The matter came before a Bench led by Chief Justice of India Surya Kant along with Justice Joymalya Bagchi and Justice Vipin Pancholi. The case relates to an incident in Malda district where seven judicial officers, including three women judges, were gheraoed for several hours by people protesting against the deletion of their names from the voter list.
The officers were carrying out work related to objections and corrections in the electoral roll revision process when the protest took place.
The Supreme Court observed that the incident was extremely serious and raised concerns about the safety and independence of judicial officers.
The Court said,
“This incident is a brazen attempt not only to browbeat judicial officers but also challenges authority of this Court. It was not routine incident but appears to be calculated, motivated move to demoralise the judicial officers and stop the ongoing process of adjudicating of objections in left out cases. We will not allow anyone to interfere and take law in their hands in order to create psychological attack on mind of judicial officers … This is also an abdication of duty by West Bengal government and the officers need to furnish reasons why even after being informed did the officers not ensure safe evacuation of the officers,”
the Court said in the order.
The Court noted that the gherao began around 3:30 pm at the office of the Block Development Officer (BDO), where the judicial officers were working. Despite repeated communication from the Calcutta High Court, no immediate action was taken by the local administration.
The Supreme Court recorded that even the District Magistrate and Superintendent of Police did not reach the spot for several hours. Eventually, the Chief Justice of the Calcutta High Court had to directly contact the Director General of Police and the Home Secretary to ensure the safety of the judicial officers.
The Court further recorded the seriousness of the situation and noted that the officers were released only after midnight. It also recorded that when the judicial officers were finally released and were travelling back, their vehicles were attacked.
The Court said,
“Eventually home secretary and DGP reached residence of Chief Justice of Calcutta High Court. Senior Judges were also in touch with Chief Justice. Finally judicial officers were releases after 12 am. When they were released midnight and they were going to their places, there was stone pelting on their vehicles and attack by sticks etc,”
it added.
The Supreme Court said that it was necessary for the State government to immediately inform the Election Commission of India and request deployment of central forces to protect the judicial officers. The Court then issued several directions to ensure the safety of the officers and proper functioning of the electoral roll revision work.
It directed the Election Commission to deploy central forces for the safe working of judicial officers and also to provide security at their residences if there is any threat to their families. The Court also directed that proper crowd control measures be implemented and only a limited number of people be allowed to enter the premises for filing objections or attending hearings.
The Court also directed senior state officials including the Chief Secretary, Director General of Police, district magistrates and police officers to submit a compliance report. The Court further ordered the Chief Secretary, DGP, concerned District Magistrate and SSP to appear before the Court and explain why action should not be taken against them for failure to protect judicial officers.
In a major step, the Supreme Court also handed over the investigation of the incident to a central agency. The Court directed the Election Commission to entrust the enquiry or investigation into the incident to either the CBI or the NIA and submit a preliminary enquiry report directly to the Supreme Court.
During the hearing, several senior lawyers made submissions and condemned the incident. Justice Bagchi emphasised that the incident must be condemned by everyone and said, “All leaders need to condemn this in one voice. We are here to protect the officers. Their orders are deemed to be orders of our court,” the judge said.
Solicitor General Tushar Mehta told the Court that the State government cannot be trusted with the security of judicial officers and said,
“This is unacceptable and is an affront to the majesty of rule of law,”
Mehta said.
The hearing also saw strong observations from the Chief Justice towards the West Bengal government. The Chief Justice made serious remarks about the situation in the State and 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 are the miscreants? I was monitoring everything till 2 am. Very very unfortunate.”
The Chief Justice also made another strong remark during the hearing, stating,
“You are forcing us to make observations. Do you think we are not aware of who are the miscreants?”
There were also heated exchanges between lawyers during the hearing. Senior Advocate DS Naidu, appearing for the Election Commission of India, said that the judicial officers were held hostage in an attempt to derail the electoral roll revision process. During the exchange between lawyers, Naidu remarked, “Everybody wants to be a saint now,” Naidu commented in response to Bandopadhyay’s submission.
The Supreme Court made it clear that attacks or pressure on judicial officers will not be tolerated and that the rule of law must be protected. The Court emphasised that judicial officers working on election duty are performing functions under the authority of the Court and any attempt to threaten or obstruct them is a serious matter.
The matter will now be heard again on April 6, when senior West Bengal government officials have been directed to appear before the Supreme Court and submit their explanation along with a compliance report. The central agency entrusted with the investigation will also submit its preliminary enquiry report directly before the Court.
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