Today, On 9th December, The Supreme Court said the Election Commission of India must intervene if any law and order problem arises during the West Bengal SIR process. The Bench warned that without timely action by the ECI, the situation could lead to complete anarchy.
The Supreme Court took up a petition filed by Sanatani Sangsad asking for deployment of adequate Central Armed Police Forces during the Special Intensive Revision (SIR) process of the electoral rolls in West Bengal.
The Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, issued the direction after the Election Commission of India told the Court that the situation would not improve unless it was allowed to take the local police on deputation.
During the hearing, Senior Advocate V.V. Giri told the Bench,
“There was a wave of violence during 2022–23.”
In response, Chief Justice of India Surya Kant remarked,
“All these politicians and others are coming here because they think this forum gives them visibility… tag this with the pending plea.”
Giri added that,
“There has to be some form of interim protection against actions by booth-level officers.”
Justice Bagchi noted that,
“There is only one FIR on record, nothing beyond that. Everything else cited is only of historical relevance.”
He also observed to the Chief Justice that,
“What they are effectively seeking is to bring the police under the control of the Election Commission of India.”
Appearing for another side, Advocate Dwivedi argued,
“Unless we take the local police on deputation, nothing more can be done.”
The Chief Justice stated,
“We cannot permit anyone to take the law into their own hands.”
Dwivedi submitted,
“The offices of the electoral officer and the district electoral officer were surrounded (gheraoed).”
Justice Bagchi recalled that,
“Senior Advocate Sankarnarayanan had submitted that there is immense pressure on the BLOs, with even their offices being gheraoed and so on.”
Dwivedi added that,
“At every polling booth, there is a BLO, a BLA and a volunteer in place.”
Justice Bagchi explained the responsibilities by saying,
“This is not a mere desk job. They have to go door to door, verify each household, and only then does the form come in… we are not concerned with political narratives.”
Dwivedi said,
“Political parties are interfering and exerting pressure on them.”
Justice Bagchi then addressed the petitioner, Sanatani Sangsad, stating,
“Please first approach the State and seek additional forces. If they are not provided, you may then come back here.”
The Bench also asked,
“We only have one FIR placed before us. Can it really be said that this is a situation unique to West Bengal? We understand your concerns, but we must also consider whether this is just your narrative.”
The Bench continued questioning the basis of the plea by asking,
“With only a single FIR, can you contend that the law and order situation is so grave that the police must be placed under the control of the ECI? If we accept that, the same would have to apply across all States.”
They further remarked,
“You must first cross the prima facie threshold before we call for a response from the ECI.”
After hearing the submissions, the Chief Justice said,
“We will issue notice and see what the ECI has to say. Let notice be issued to the Election Commission of India and to the Union of India through the Attorney General.”
During the hearing, the ECI submitted,
“We have the authority and we will take action.”
The Chief Justice responded,
“Yes, you must, otherwise there will be complete chaos.”
The CJI also clarified that an earlier order would apply nationwide.
He said,
“We clarify that our order dated December 4, regarding replacement of staff facing health or other difficulties during the SIR process, is not restricted to Tamil Nadu alone but will apply across India.”
He added,
“We further state that any affected employee may approach the District Electoral Officer, who shall forward the request and ensure that the State government takes the necessary steps to comply.”
During the same proceedings, Senior Advocate Karuna Nundy made submissions regarding delays under the Citizenship Amendment Act, stating,
“Under the CAA, the residency requirement for eligibility has been reduced from 12 years to 5 years. However, applications that have already been filed are not being processed within any fixed timeframe. As a result, many applicants are facing over a year of additional delay.”
She further argued,
“Secondly, my rights should crystallise as on the date of my application, My Lords. That is fundamental, and I will demonstrate this by referring to the provisions of the Act itself.”
She added,
“Thirdly, the Special Intensive Revision (SIR) process will completely exclude me.”
Responding to her arguments, the Chief Justice said,
“You have not yet been granted citizenship. Every individual claim under the Act has to be verified. It must be checked whether you are from the specified countries, and the Union must have a mechanism to determine these factual aspects. You cannot put the cart before the horse.”
Justice Bagchi added,
“First, you must obtain citizenship; only thereafter does the SIR stage arise.”
The Chief Justice also said,
“We can fix a timeframe within which your application should be decided.”
The CJI then recorded a procedural clarification,
“On oral mentioning, the defect in the memo is now rectified, the party is correctly shown as the ECI through its Secretary.”
He directed,
“Issue notice to the Union of India through the Attorney General. Let the paper book in soft copy be served on the AG and the Solicitor General of India.”
The Court also ordered,
“Let notice also be issued to the ECI and the State of West Bengal.”
Responding to the Court, Advocate Nundy said,
“Thank you milord.”
A Special Intensive Revision (SIR) is a thorough process conducted by the Election Commission of India to update and clean up the electoral rolls in a state or Union Territory. During an SIR, every eligible voter’s details are verified, and efforts are made to remove duplicate, fake, or incorrect entries.
Click Here to Read More Reports on SIR