Most polarised State: Supreme Court orders deployment of central forces to protect judges on SIR duty in West Bengal

The Supreme Court Thursday took a serious view of the threats posed by protestors to judicial officers posted for Special Intensive Revision (SIR) of electoral rolls in West Bengal and ordered deployment of central armed forces for their safety..Seven judicial officers, including three women judges, involved in the SIR of electoral rolls were gheroaed last evening for hours in Malda district by those protesting their deletion from the voter list.Today, the top court registered a suo motu case 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'.In a urgent hearing this morning, a Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipin Pancholi said that there was an abdication of duty by West Bengal government and its officers.The Court also remarked that everyone in West Bengal only "speaks political language". This is the most polarised State, CJI Kant told the West Bengal Advocate General Kishore Datta. "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. We will not allow anyone to interfere and take law in their hands in order to create psychological attack on mind of judicial officers ... This is also an abdication of duty by West Bengal government and the officers need to furnish reasons why even after being informed did the officers not ensure safe evacuation of the officers," the Court said in the order.It noted that the gherao of the office of Block Development Officer (BDO), where the judicial officers were working, started around 3:30 pm and despite repeated communication from the Calcutta High Court, no action was taken till late evening.It added that as per the High Court Chief Justice, neither district magistrate nor the superintendent of police reached the spot and that he had to call the Director General of Police and the Home Secretary to ensure safety of the judges."Eventually home secretary and DGP reached residence of Chief Justice of Calcutta High Court. Senior Judges were also in touch with Chief Justice. Finally judicial officers were releases after 12 am. When they were released midnight and they were going to their places, there was stone pelting on their vehicles and attack by sticks etc," it added..Further, the Court said that it was imperative for the State government to inform Election Commission of India (ECI) and seek deployment of central forces for the safety of the judicial officers.It then passed following directions for the protection of the judges:1. ECI to deploy central forces for the safe working of judicial officers 2. ECI to also deploy forces at the residence of such judicial officer who has any apprehension regarding threat to their family. Such threat perception to be immediately assessed and immediate measures to be taken. 3. ECI and State government to take all remedial measures for the safe functioning of the task entrusted to the judicial officers 4. Home Secretary, DGP, district magistrates and all police officials are directed to ensure that not more than two or three persons shall be allowed to enter premises for filing objections and when hearing takes place, not more than five shall be allowed to assemble. Adequate measures to be taken. 5. Chief Secretary, DGP, and the State chief electoral officer are directed to submit a compliance report. .The Court also directed the Chief Secretary, DGP, the concerned district magistrate and SSP to show cause why action should not be taken against them. They have also been directed to remain present before the Court on April 6.Further, the top court handed over the investigation of the incident to central agencies."We also direct ECI to entrust the enquiry /Investigation into yesterday's incident to either the CBI or NIA. The compliance report shall be submitted to this court. The agency shall be obligated to submit a preliminary enquiry report directly to this Court," it directed..Senior Advocate Kapil Sibal earlier called the incident unfortunate. Senior Advocate Meneka Guruswamy said that most of the senior officers were transferred out of the State by ECI.Justice Bagchi remarked that everyone needs to condemn the incident."All leaders need to condemn this in one voice. We are here to protect the officers. Their orders are deemed to be orders of our court," the judge said.Solicitor General Tushar Mehta submitted that the State cannot be entrusted with the security of judicial officers. "This is unacceptable and is an affront to the majesty of rule of law," Mehta said.Senior Advocate Gopal Sankaranarayanan said that the State will co-operate with the directions issued by the Court."This is not acceptable and the officers must furnish the personal affidavit," he added..Senior Advocate DS Naidu, appearing for the ECI, said that the judicial officers were held hostage in an attempt to derail the process. When Advocate General Kishore Datta said that ECI should not be acting as an adversary in this matter, CJI Kant said:"Unfortunately in your state each one speaks political language and this is the most polarised state. You are forcing us to make observations. Do you think we are not aware of who are the miscreants? I was monitoring everything till 2 am. Very very unfortunate.".You are forcing us to make observations. Do you think we are not aware of who are the miscreants?CJI Kant to West Bengal AG.The hearing also witnessed a heated exchange between ECI counsel and Senior Advocate Kalyan Bandopadhyay, who termed the incident unacceptable."Everybody wants to be a saint now," Naidu commented in response to Bandopadhyay's submission. Bandopadhyay said that everyday the ECI was making provocative statements and called the incident a failure of the poll body."They chose their own man," he said, while pointing to the transfer of senior officers ordered by ECI in West Bengal.In response, Naidu said the incident had taken place after Calcutta High Court refused to interfere with the transfers."Just because HC did not yield to illegal demands.. they resorted to all this," he said.Bandopadhyay denied the allegations."We are not like you, Mr Naidu. Not like you," he told the ECI counsel..[Read Order]