'Bengal Is Targeted, We Aren't Getting Justice' : Mamata Banerjee Argues In Supreme Court Against SIR

Dramatic events unfolded in the Supreme Court on Wednesday, with West Bengal Chief Minister Mamata Banerjee making submissions in the writ petition filed by her challenging the Special Intensive Revision (SIR) of the electoral rolls in the State.

This is the first time a sitting Chief Minister has personally appeared before the Supreme Court to make oral submissions.

Although Senior Advocate Shyam Divan represented the West Bengal CM and addressed the bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi on legal issues, Banerjee also made brief submissions.

Banerjee submitted that the SIR process is "not for inclusion but for deletion." She said that women who take their husbands' surnames after marriage and have shifted to their in-laws' houses, are deleted, citing mismatches.  

Banerjee claimed that justice was being delayed. "The problem is, always our lawyers fight for the case and we are fighting from the beginning.  But when everything is finished, when we are not getting justice, when justice is crying behind the door - then we thought, we are not getting justice anywhere. I have written letters to the Election Commission including all details, but no reply. I am a bonded labour. I am a very less important person, I am from a common family, I am not fighting for my party."

At this juncture, CJI Surya Kant told Banerjee that various petitions have been filed concerning the West Bengal SIR process, in which the Court elaborately heard the arguments of various eminent lawyers. CJI said that after Senior Advocate Kapil Sibal flagged certain issues, the Court passed various directions on January 19 for transparent verification of the logical discrepancy list.

She contended that the ECI was not following the Supreme Court's direction to accept Aadhaar card, though in other States, they are accepting it.  CJI told Banerjee that Aadhaar card has its own limitations and he cannot comment much more on the issue since judgment is reserved on the legality of SIR.

Banerjee then claimed that the process was being done only to target West Bengal ahead of the State elections. 

"Only they have targeted Bengal on the eve of elections. Why, after 24 years, what was the hurry to do in two months what will take two years? When the festival season is there, when the harvest season is there, when people are in no mood to be in the city, they are troubling people issuing notices. More than 100 people have died. BLOs have died writing letters, because of the harassment of ECI. Many are hospitalised. Bengal is targeted. Sir, tell me,why not Assam? Why not North East?" she submitted.

Banerjee further submitted that 8000 "micro observers" have been appointed from BJP to delete names, superseding the powers of the BLOs. "58 lakh people are deleted. Living people are declared dead. They are targeting Bengal, only for Bengal they have appointed micro-observers. They want to bulldoze the people of Bengal," Banerjee said.

She said that the Election Commission was issuing informal instructions through WhatsApp and called it "WhatsApp Commission". CJI said that the Court will direct that all orders must be authorised by the BLOs.

Senior Advocate Rakesh Dwivedi, for the ECI, submitted that the ECI had to appoint micro observers since the State Government did not spare sufficient Group B officers for SIR work despite multiple reminders being sent by the ECI. He asserted that micro observers are validly appointed as per the RP Act, and they had to be appointed due to the non-cooperation by the State. Senior Advocate Dama Seshadri Naidu, also for the ECI, seconded Dwivedi's argument that there was non-cooperation by the State.

At the end of the hearing, the bench issued notice to the Election Commission of India on Banerjee's plea, and sought their response by next Monday. Regarding the issue of micro-observers, the bench said that if the State Government can give a list of Group B officers who can be spared for the SIR duties, then micro-observers can be relieved. 

The CJI also asked Dwivedi, the counsel of the ECI, to not issue hearing notices over name-spelling mismatches. "Probably once officers are made available, micro observers won't be required. [to ECI] Tell your officers also to be sensitive and not issue notice to..." CJI said.

Solicitor General of India Tushar Mehta submitted that there was an "atmosphere of hostility" in the State against the ECI officials. SG requested the bench to list with this matter a PIL filed by Sanatan Sangsad which seeks protection for ECI officials. The bench agreed to list that PIL on the next hearing along with Banerjee's plea.

Senior Advocate Shyam Divan, appearing for Mamata Banerjee, submitted that urgent directions are needed to halt the deletion of voters from the list, and sought that the upcoming Assembly elections be conducted on the basis of the 2025 voters list instead of the new voter list to be published after the SIR.