Today, On 13th January, The Supreme Court said it will hear all West Bengal SIR violence cases on January 19 after receiving responses from the parties. A lawyer mentioned a counter affidavit detailing six incidents and sought listing alongside a Bihar matter.
New Delhi: The Supreme Court announced that it will hear all cases related to the Special Intensive Revision (SIR) violence incidents in West Bengal on Monday, January 19, following the submission of responses from the relevant parties.
Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, made this statement after a lawyer brought the matter to the court’s attention, citing a counter affidavit that reportedly detailed at least six incidents of violence in the state.
The lawyer urged the Court to address the case immediately at 2 PM, alongside a similar one involving Bihar.
However, the CJI clarified that notice had already been issued in a related petition presented by Senior Advocate Kapil Sibal on Monday, and the Centre and other parties had until Friday to submit their responses.
The CJI stated,
“We have already issued notice in a related matter mentioned yesterday. Time has been given till Friday for the reply. It will be coming up on Monday,”
He added that the writ petition discussed today could also be included and heard alongside other pending matters related to West Bengal next week.
The CJI remarked,
“All matters of West Bengal will be taken up on Monday. Give your number, that will also be listed,”
Earlier, On January 12, Sibal highlighted that very weird procedures were being implemented in the state, pointing out that communication was allegedly occurring through WhatsApp during the revision process.
He argued that the execution of the SIR exhibited what he called “illogical discrepancies” and urged the court to take these issues into account.
In December of the previous year, the Election Commission of India (ECI) informed the Supreme Court that claims regarding a significant deletion of voters in West Bengal during the ongoing Special Intensive Revision of electoral rolls are “highly exaggerated” and motivated by “vested political interests.”
In a counter-affidavit filed in response to a Public Interest Litigation (PIL) by Trinamool Congress MP Dola Sen, the Commission defended its SIR orders from June 24 and October 27 as constitutionally valid, long-established, and essential for ensuring the accuracy and integrity of voter rolls.
The ECI cited Article 324 of the Constitution and Sections 15, 21, and 23 of the Representation of the People Act, 1950, to affirm its authority to conduct such revisions whenever required.
The affidavit highlighted that Special Intensive Revisions have been part of India’s electoral system since the 1950s.
The ECI noted previous nationwide revisions in 1962-66, 1983-87, 1992-93, 2002, and 2004, asserting that the current exercise is a continuation of this constitutional responsibility.
Responding to concerns that the SIR would disenfranchise legitimate voters, the Commission stated that the claims in the petition are “incorrect and denied in totality.”
The ECI emphasized that no voter can be removed without following proper procedures and that the SIR guidelines include safeguards to ensure inclusivity and prevent wrongful deletions.
The affidavit indicated that 99.77 percent of existing voters in West Bengal had already received pre-filled enumeration forms, with 70.14 percent of completed forms returned.
The Commission argued that these figures demonstrate that claims of widespread errors or mass disenfranchisement “are highly exaggerated.”
The ECI reiterated that Booth Level Officers must make multiple visits and leave notices if houses are locked, and they are forbidden from collecting any documents from voters; an additional safeguard introduced in the October 27 Phase-II SIR order.
Voters temporarily away from home can have forms submitted by family members or file online through the ECI portal or mobile app. The Commission noted it has specifically directed officials to assist elderly individuals, persons with disabilities, and other vulnerable voters as needed.
The West Bengal Pradesh Congress Committee (WBPCC), along with TMC MPs Dola Sen and Mala Roy, also approached the Supreme Court seeking redress against the ongoing Special Intensive Revision of electoral rolls in the state.
During a brief hearing, the WBPCC’s counsel reported that numerous citizens had raised concerns with the party regarding the conduct of the SIR process, prompting them to seek judicial intervention.
Case Title: Mostari Bani v. The Election Commission of India and connected matters
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