NEW DELHI: The Supreme Court on Thursday took serious note of seven judicial officials engaged in SIR exercise being held “hostage” in West Bengal’s Malda district, terming it deplorable and seeking responses from the state home secretary, DGP and other officials for their “inaction”.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi 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.”
The apex court directed the Election Commission of India to entrust the enquiry or investigation into the incident to either the CBI or NIA and submit a compliance report. The agency must submit a preliminary enquiry report directly to the court.
Coming down heavily on the West Bengal government for failing to protect the officers, the court said it will not allow anyone to interfere or take law into their hands to create a psychological attack on judicial officers, terming it criminal contempt.
“This is also an abdication of duty by West Bengal govt and the officers need to furnish reasons why even after being informed did the officers not ensure safe evacuation of the officers,” the court noted.
The court referred to a media report about the protest in Malda village by people whose names were missing from the voter list, which led to the officers being held hostage. It criticised the absence of the district magistrate and Superintendent of Police, noting that the Chief Justice of the Calcutta High Court had to call the DGP and home secretary, who later reached the Chief Justice’s residence.
The court said that after their intervention, the judicial officers were released after midnight. “When they were released midnight and they were going to their places, there was stone pelting on their vehicles and attack by sticks etc. District judges were also briefed by CJ to complete the work on time,” it added.
The court directed the Election Commission to deploy central forces for the safety of judicial officers and at their residences. It said any threat perception must be immediately assessed and addressed. It also ordered that not more than two or three persons be allowed to enter to file objections or attend hearings, and not more than five persons be allowed to assemble.
The Chief Secretary, DGP and state Chief Electoral Officer have been directed to submit a compliance report. The court clarified that the Chief Secretary, DGP, District Magistrate and SSP have been asked to show cause why action should not be taken, and directed them to remain present online on April 6.
