West Bengal SIR: Supreme Court seeks ECI reply on plea to deploy central armed police forces

The Supreme Court on Tuesday asked the Election Commission of India (ECI) to respond to a petition seeking deployment of Central Armed Police Forces (CAPF) in West Bengal during the ongoing Special Intensive Revision (SIR).

The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the order after the ECI stated that the situation cannot be helped unless it takes the local police under its deputation.

"We cannot allow the law to be taken into someone's hands," CJI Kant then remarked.

Earlier in the hearing, the Court appeared to be apprehensive about the petition moved by Sanatani Sangsad, which highlighted the instances of earlier violence in the State.

"All the politicians, etc. are coming here because they think this platform is highlighting them.. tag this with pending plea," CJI Kant remarked.

However, Senior Advocate VV Giri for the petitioner submitted that some protection was needed for booth-level officers. At this, Justice Bagchi pointed out that there was only one case on record on such issues.

"There is only one FIR on record. Nothing else. Rest everything is historical reference," he said.

Justice Bagchi went on to note that the petitioner wanted the police to be brought under the control of the ECI. At this stage, ECI counsel submitted,

"Unless we take local police under deputation, it can't be helped."

Senior Advocate Rakesh Dwivedi, appearing for the ECI, also echoed concerns about electoral officers facing threats.

"Office of the electoral officer and district electoral officer was gheraoed," he said.

Justice Bagchi then remarked that more forces can be sought from the State government in West Bengal.

He added that the petitioner, however, would have to make out a prima facie case that there is a unique law and order situation in West Bengal, before a reply is sought from the ECI.

"Please request the State for more forces. If not provided, you can come here... One solitary instance of FIR given here. Can it be stated that it is unique to West Bengal only? We are sympathetic to your cause.. but we have to see if it's a narrative from your end. There is only one FIR and are you saying based on this the law and order is such that you want police under ECI. This has to happen for all the States, then. You have to pass the threshold of prima facie view before we seek reply from ECI," Justice Bagchi said.

CJI Kant, however, opined that the Court would like to hear what the ECI and the Union government has to say.

"We will issue notice and see what ECI has to say. Issue notice to ECI and the Union of India through the Attorney General," CJI Kant ordered.

ECI counsel then said,

"We have the powers and we will act."

At this, CJI Kant remarked,

"Yes, you have to ... else there will be anarchy."