WB opposes ECI training module for judicial officers overseeing SIR; Supreme Court says no reason for alarm

"Please do not make small excuses to stall the process. This has to end. Let judicial officers work. They will work independently," CJI Kant said.
Supreme Court, West Bengal
Supreme Court, West Bengal
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The West Bengal government on Friday registered strong objection before the Supreme Court to a training module given by the Election Commission of India (ECI) to judicial officers who have been tasked with overseeing the smooth conduct of the Special Intensive Revision (SIR) of electoral rolls in the State.

An urgent mentioning was made about this development before a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi this morning.

"Judicial officers have been given a training module on what to refer and what not to refer. This Court stated Chief Justice of High Court will decide modalities," argued Senior Advocate Kapil Sibal on behalf of the West Bengal government.

The Bench, however, opined that there is no reason to doubt the judicial officers overseeing the SIR and that they would work independent of the ECI. Such small excuses cannot stall the SIR further, the Court said.

The Court also opined that it was not out of place for the ECI to coordinate with the judicial officers, since they have been ordered to carry out tasks that are completely alien to their usual course of work.

"Please do not make small excuses to stall the process. This has to end. Let judicial officers work. They will work independently," said CJI Kant.

CJI Surya Kant and Justice Joymalya Bagchi
CJI Surya Kant and Justice Joymalya Bagchi

"But they cannot take instructions from the ECI that follow this and take this certificate and not," protested Sibal.

"Who will train them? To understand the process. Our order is clear as daylight and ECI instruction cannot override our orders," Justice Bagchi then pointed out.

"We gave an alien responsibility to the judicial officers," CJI Kant observed.

Sibal also alleged that the ECI is not accepting identity proofs that were permitted in earlier court orders. The Bench replied that if such concerns are true, they would be addressed by the Court.

"They are saying domicile certificate by SDO will not be accepted (as identity proof for voters," Sibal told the Court.

"If it is in the notification and in our orders, then it will be looked into," Justice Bagchi said.

Sibal went on to flag concerns that even the Chief Secretary of the State was asked to prove credentials, and was summoned by the Judicial Magistrate after an ECI notice issued as part of the SIR.

"Her own voting right was taken," Sibal added.

Kapil Sibal
Kapil Sibal

The Court, however, indicated that it is not issuing any further directives today, adding that it had engaged almost all judicial officers in the State to aid in the smooth conduct of SIR.

"To the extent where we went, we have almost evacuated the state judiciary," Justice Bagchi said.

"Let them work uninfluenced," urged Sibal.

The Court, however, did not issue any express directive. Addressing the ECI's counsel, Justice Bagchi added,

"Please see that supplementary lists are uploaded as and when updated."

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