Today, On 6th April, The Supreme Court directed the NIA to probe the April 1 Malda incident, where judicial officers were gheraoed during protests over voter list removal. CJI Kant remarked, “You are so busy that you cannot take the call of the Chief Justice of High Court.”
The Supreme Court directed the National Investigation Agency (NIA) to take over the probe into the April 1 incidents in Malda district in which judicial officers were gheraoed during protests over their removal from the voter list.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipin Pancholi issued the order after observing serious allegations against the State Police.
The Court said,
“We are informed that Election Commission entrusted the enquiry to NIA. NIA has filed a preliminary status report in sealed cover. We find that FIRs mentioned was registered by state police and there are serious allegations against state/local police. We direct NIA to take over the FIRs irrespective of reasons therein. Thus, under Article 142 we direct such FIRs to be taken over by NIA irrespective of reasons. NIA shall be at liberty to register more FIRs if the offence illustratively referred to in our order has involvement of other persons for different consideration,”
The Bench also ordered periodic status reports to be submitted to the Court.
It directed,
“Let the investigation report be submitted before the NIA court in Kolkata. However before chargesheet is filed, status report shall be submitted before this court giving report of investigation from time to time. State/local police is directed to hand over all material to NIA and render all assistance as needed to take the probe to logical end,”
The Court criticized the West Bengal Chief Secretary and the Director General of Police for not responding to calls from the Chief Justice of the Calcutta High Court while the judicial officers were being gheraoed.
CJI Kant said,
“You are so busy that you cannot take the call of the Chief justice of High Court,”
The Chief Secretary replied,
“There was no call from any chief justice to me. I had come to Delhi for a meeting. From 2 pm to 4:30 pm, I was in a flight,”
Justice Bagchi observed,
“It would have been very helpful if your number would have been shared with the high court chief justice,”
The Chief Secretary said,
“It was given but the number is a secure one,”
Justice Bagchi stated sarcastically,
“Please lower your security a bit so that ordinary minions like the Chief Justice of Calcutta HC can reach you,”
CJI Kant said,
“It is because of your and the police failure that the task was given to judicial officers. What kind of credibility is the West Bengal bureaucracy suffering. Please help in improving the image. You compel us,”
Justice Bagchi added,
“That is why the Election Commission of India also could not be given any information,”
CJI Kant stated,
“Even Home Secretary was not reachable. The way these officials are being pampered. Please apologise before the Chief Justice and redeem what was done,”
He added,
“It was motivated, pre planned and deeply instigating in nature. We also want to see this to the logical end,”
CJI Surya Kant also remarked,
“Even Home Secretary was not reachable. The way these officials are being pampered.”
Seven judicial officers, including three women, who had been assigned to supervise the SIR of electoral rolls were gheraoed for hours on April 1 in Malda by people protesting their alleged removal from voter lists.
The top court registered a suo motu matter titled “In Re: Safety and Security of Judicial Officers Deputed for Work Relating to SIR of Electoral Rolls in the State of West Bengal and Ancillary Issues” and, during the April 2 hearing, ordered deployment of central armed forces to protect the judicial officers.
Additional Solicitor General S.V. Raju, representing the NIA, informed the Court that three FIRs had been lodged.
Raju said,
“There are three FIRs. One lady judge was stopped from going to the venue and discharge her duties. One was the gherao incident. Then there is another FIR,”
The Bench asked,
“Is this Judicial officer who was (seen) crying on video. Was it her?”
The ASG replied,
“Yes,”
The ASG said the three FIRs directly involving judicial officers were accompanied by nine other FIRs related to blockades at other locations, bringing the total to 12 FIRs that the NIA would be allowed to investigate. He said 24 people had been arrested, five individuals were identified as troublemakers, 309 party members were implicated, and a CDR probe covering 432 people was underway.
The ASG argued the matter did not fall within offences that would ordinarily permit NIA takeover.
CJI Kant responded,
“No question of local police probing. Take it over,”
Justice Bagchi, asked,
“These FIRs are by the local police?”
The ASG replied,
“Yes,”
The Court reiterated,
“We are informed that Election Commission entrusted the enquiry to NIA. NIA has filed a preliminary status report in sealed cover. We find that FIRs mentioned was registered by state police and there are serious allegations against state/local police. We direct NIA to take over the FIRs irrespective of reasons therein. Thus, under Article 142 we direct such FIRs to be taken over by NIA irrespective of reasons. NIA shall be at liberty to register more FIRs if the offence illustratively referred to in our order has involvement of other persons for different consideration,”
Last week the Court took note of a letter from the Chief Justice of the Calcutta High Court about incidents in Kaliachak village. According to that communication, seven judicial officers including three women were held at a BDO office from about 3:30 PM and released only after midnight.
During their confinement they were denied food and water. After being freed, their vehicles were pelted with stones and attacked with bamboo sticks while they were being evacuated.
The Court recorded that requests from the High Court administration for assistance met with “conspicuous inertia” until roughly 8:30 PM, despite the gravity of the situation. The Court severely criticised the State administration’s response, noting that the Chief Secretary could not be reached because he had not provided a mobile number with WhatsApp capability, which impeded communication during the emergency.
The conduct of the Chief Secretary, Home Secretary, Director General of Police, District Magistrate and Superintendent of Police was described by the Court as “highly deplorable” and reflective of a failure to take timely steps to secure the judicial officers.
The Court also observed orally that the episode appeared to be a deliberate attempt to intimidate judicial officers and interfere with the electoral process being supervised under court orders, warning that such acts could amount to criminal contempt.
It further noted that the events exposed a breakdown of law and order in Maldah district.
Consequently, the Court issued notices to the Chief Secretary, Home Secretary, DGP, District Magistrate and SSP, directing them to explain why action should not be taken against them and ordering their personal attendance by video conference today at 4 PM.
To protect judicial officers and allow the SIR process to continue, the Court instructed the Election Commission to requisition sufficient central forces and station them where judicial officers are carrying out adjudication. It also directed both the Commission and the State government to implement immediate remedial measures to ensure safe functioning, assess any threats to judicial officers and their families, and control public access to adjudication sites.
Finally, the Court ordered that the incident be probed by an independent agency such as the CBI or NIA, and made oral comments on the political climate in the State, observing that West Bengal is the most politically polarised State in the country.
Case Title: In Re: Safety and Security of Judicial Officers deputed for work relating to SIR of Electoral Rolls in the State of West Bengal and Ancillary Issues
