Judicial Officers “Gheraoed” over SIR Issue, Shocked Supreme Court Deplore West Bengal Administration

Manas Dasgupta

NEW DELHI, Apr 2: The shocking incident in West Bengal, where seven judicial officers were held hostage by people upset because their names were deleted from the voter list under the “Special Intensive Revision” (SIR) exercise forced the Supreme Court on Thursday to deplore the “complete failure of the civil and police administration in the State of West Bengal” and held that it amounted to challenging the authority of the apex court.

Pointing out that the incident appeared to be a “calculated and motivated” move to terrorise the judicial officers, the Chief Justice of India Surya Kant asked the Election Commission of India (ECI) to get the incident probed by the Central Bureau of Investigation (CBI) or the National Investigation Agency, and added that it would monitor the probe.

He also expressed the shock that West Bengal had become a “politically polarised state. “I have never seen such a “politically polarised State like West Bengal. You are forcing us to say. Unfortunately in your State, each one of you speaks a political language… I have never seen such a politically polarised State. Even in court orders, the politics is reflected… We passed the order deploying judicial officers because we thought we could have a neutral structure for the adjudication of objections, and this is how people are behaving? Do you think we are not aware who are the miscreants behind this incident? I was monitoring events till 2 a.m.,” Chief Justice Kant addressed the West Bengal side.

The West Bengal Mamata Banerjee regretted that she was never informed about the incident that seven judicial officers had been held hostage overnight in Malda district. She complained that she no longer felt in control of the state machinery after the Election Commission enforced top-level changes in the administration ahead of this month’s Assembly poll.

Banerjee’s snapback followed a sharp reprimand from the Supreme Court which was dealing with a complaint that seven judicial officers including two women officers were “gheraoed” for over nine hours without food or water at a government office in Malda district in the state, reportedly after several voters were struck off the electoral roll in the SIR exercise. The court held that the move was not only a “brazen attempt” to browbeat the officers but also amounted to a challenge to the authority of the top court.

The officers were gheraoed yesterday afternoon and rescued only around 1 am today, when a massive contingent of police and paramilitary personnel rescued them to safety. There was also an attempt to attack the vehicles during the evacuation. Visuals show a car’s shattered window glass and angry protesters hurling stones at the cars as the cops moved the judicial officers to safety.

Hundreds of judicial officers have been deployed based on a Supreme Court order to function as Election Registration Officers and adjudicate objections raised by voters who have been excluded from the electoral roll ahead of the Assembly election in April.

Noting that two of the judicial officers were women and had a child with them, the Court said the incident exposed the “complete failure of the civil and police administration in the State of West Bengal.” The CJI heading a three-Judge Bench during an urgently summoned court hearing, asked what the political leaders were doing during all those hours of captivity — could they not have gone to the spot and calmed the situation down?’

“This was not a routine incident. It was, ex facie, a calculated, well-planned and deliberate move to demoralise the judicial officers and impact the ongoing process of adjudication of objections. We will not allow anyone to interfere and take law into their hands by causing fear in the minds of judicial officers. This undoubtedly amounts to criminal contempt,” CJI Surya Kant observed.

Justice Joymalya Bagchi, on the Bench, said political leaders who form part of the executive of the State and leaders in the Opposition must condemn the incident in one voice. “The orders of the judicial officers are deemed to be the orders of this court. This incident sought to scuttle the entire effort, discourage judicial officers… It amounts to contempt of court,” Justice Bagchi remarked.

The Court said it would order an independent probe by the CBI or NIA and directed the ECI to requisition central forces to protect the life, liberty and families of the judicial officers involved in West Bengal SIR. The Bench narrated that the Registrar General of the Calcutta High Court had informed the local police and civil administration for immediate backup on learning about the ‘gherao.’

“But nothing was done till 8.30 p.m.,” it said. The official had then contacted the Home Secretary, the Director General of Police (DGP) and the Chief Justice of the High Court. “Though assurance of early action was given, no tangible action was taken,” the Court stated. Finally, the High Court Chief Justice had to intervene personally, following which the Home Secretary and the DGP had turned up at his residence at midnight.

Chief Justice Kant said the High Court Chief Justice, in his letter to the apex court, had strongly deprecated the delay on the part of the police and the civil administration. The apex court said the conduct of the Chief Secretary, Home Secretary, Director General of Police, District Collector, and Superintendent of Police during the hours of crisis was “highly deplorable.”

The Court asked them to explain why suitable action should not be taken against them for not acting on the urgent calls from the High Court and the Chief Justice. The Bench ordered them to be present online for the next hearing on April 6. “They have to place before this court reasons for failing to take any effective measures to secure the safety of the judicial officers,” the Court ordered.

Senior advocates Kalyan Bandhopadhyay, Menaka Gurswamy and Gopal Sankaranarayanan, variously representing the State government and the ruling Trinamool Congress leaders, said the Chief Secretary and DGP were the ECI’s appointments, and they should indeed be made to explain stalling action on the “Calcutta Chief Justice’s calls” to mount a rescue of the judicial officers.

Solicitor General Tushar Mehta recounted how the CBI Joint Director’s residence was laid “siege” to some years ago. Senior advocate Dama Seshadiri Naidu, appearing for the EC, said the judicial officers were held “hostage.” “This is jungle raj,” he exclaimed.

Mr Bandhopadhyay retaliated that the Chief Secretary was appointed by the ECI on March 16. “This is a failure on the part of the ECI. The ECI had shifted these officials… These are your officials who did not take the Chief Justice’s calls,” he addressed the ECI. The Court further directed that not more than five persons would be allowed to assemble at adjudication centres.

Commenting on the incident, Ms Banerjee on Thursday afternoon said, “I don’t know who is responsible… no one informed me. The administration is not in my hand. The Election Commission is controlling law-and-order (in the state) … they listen to Home Minister Amit Shah. Everyone has been changed… my powers have been transferred to the EC. It is ‘super President’s rule’.” The Election Commission had “totally failed to control law and order”, she said, “All my powers have been taken away.”

“I came to know (about the hostages) from a journalist at midnight,” the Chief Minister said at a poll rally in Murshidabad district. “But I understand why people are angry,” she also said, underscoring resentment over the SIR exercise.

The state’s electoral roll, i.e., a list of eligible voters, has been overhauled by order of the Election Commission in a hugely contentious SIR exercise that opposition parties have said is designed to eliminate sympathetic voters. Judicial officers are racing against time to complete the SIR before the election process begins.