The Supreme Court is hear today a batch of petitions related to Wes tBengal SIR, including WB Chief Minister Mamata Banerjee's plea raising issues inter-alia about characterization of voters in the 'logical discrepancy' list
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi
Earlier, the Court directed the State to make available to ECI Group B officers for SIR duties, who can replace the micro-observers deployed by ECI.
The Court also clarified that final orders on claims and objections can be passed only by the Electoral Registration Officers (ERO), and that the micro-observers can only assist them.
The Court also directed the Director General of Police of the State to file a personal affidavit responding to the concerns raised by the ECI regarding failure to stop threats and violence against SIR officials.
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Matter to be heard in 1st week of March
CJI: If for unforeseen reasons, you don't complete SIR, what will be the consequences?
A counsel claims no action has been taken by state police on complaints made regarding violence
Order: We are informed that state police has not taken any action with regard to specific instances brought to notice by ECI or others. We therefore would like DGP to file supplementary affidavit on complaints received and action taken on them.
A sr counsel: Not a single Form 6 is being accepted in WB...only Form 7.
Diwan prays bench to reiterate its earlier directions.
CJI: We will not allow babus to sit over judicial officers. we will not humiliate judicial officers like this!
Sibal: 3.5 lakh - no notices given. Judicial officers should decide.
Order: All other ancillary issues shall also be determined by the presiding officers to be nominated by CJ.
Order: Goes without saying that Collector and SP shall be obligated to render assistance and provide all logistic support to presiding judicial officers and team for smooth completion of pending process. Collector and SP shall be under deemed deputation for purpose of ensuring compliance of directions that may be issued from time to time. Their directions to be forthwith complied by state administration
Court orders a meeting to be held tomorrow to resolve the stalemate. Mechanism left on CJ of HC
Order: Our only anxiety is that work should commence and completed smoothly without any hindrance.
Order: In order to ensure fairness in adjudication of documents and consequential determination for inclusion/exclusion in voter list, and as agreed too by both sides, we are left with hardly any other option but to request CJ of Calcutta HC to spare some serving judicial officers alongwith some former judicial officers of integrity in the rank of addl. district judge...who can then in each district revisit/dispose of pending claims under category of logical discrepancy. Each such officer shall be assisted by micro-observers and officers of the state govt who have already been deputed by the state for such duties. Circumstances being extra-ordinary...we are conscious of the fact that it may have some impact on the pending court cases. CJ along with committee of judges, etc. may evolve some interim arrangement for urgent matters to alternative courts.
Order: Process is stuck...the claims are required to be adjudicated in a way through quasi judicial process by EROs. In terms of rules, etc., state govt is obligated to provide Group A officers to perform duties of EROs who are in substantive rank of SDOs/SDMs. There is a dispute between the parties wrt the substantive/actual rank and status of the officers who have been provided by the state govt for performance of duties as EROs and AEROs. It is nearly impossible for this court to determine the precise status and rank of the officials now deployed.
CJI: Let the judicial officers take over. We will request CJ of HC, we have to respect his domain also
Order: Foremost issue for consideration is completion of ongoing SIR in WB. Various interim directions issued from time to time. There is an unfortunate allegation/counter-allegation which clearly depicts trust deficit between 2 constitutional functionaries - democratically elected state govt and ECI.
CJI to WB: If EROs are not qualified persons...incompetent people decide fate! You are not providing officers
Sibal: How can they prevent us from uploading?
CJI: What happened to our direction No.7 to DGP?
Sibal: It's filed
Naidu: Provocative speech across state. No action taken
CJI: Unfortunately, at the time of elections in this country, all these irresponsible statements are coming.
Naidu: Rate of rejection very low in Bengal. 7.6%... They are crying foul. In other states, it's higher...nobody complained
CJI: Then why so much hue and cry? We don't understand!
J Bagchi: Since there's [hesitance]...judicial officers can assist
A sr counsel: Upto 14th, whatever documents have been submitted, those should be uploaded
Sibal: On 15th, they don't allow uploading of documents.
Naidu: They (special roll observers) have been there since day 1
CJI: Either we will involve state judiciary...we will request CJ...or alternate is to request them to bring officers from outside...if you don't complete SIR, both sides must understand...
Sibal: Let judicial officer be appointed. We have no problem. We don't want time.
Diwan: they have brought a new specie called special roll observers - even after EROs are clearing the files of mapped voters...they are reviewing and sending back in lakhs. They have given login numbers to them...they override EROs. Special roll observer cannot trump ERO. How can they on wholesale basis reject what ERO has done?
CJI: If ERO has passed an order, those will be separate matter. Question is if they have doubt about a document, what is the problem? ERO can always say I have seen this document.