'Is West Bengal Situation So Unique To Put Police Under ECI?' Supreme Court On Plea Alleging Obstruction Of BLOs During SIR

The Supreme Court on Tuesday issued notice to the Election Commission of India on a petition filed by an organisation named Sanatani Sangsad seeking directions to deploy the State Police officers under the ECI's deputation till the final publication of electoral rolls of the State of West Bengal after the Special Intensive Revision (SIR).The Court also issued notice to the State of West Bengal on the petition which also seeks an alternate direction to deploy central armed forces in the State till the completion of SIR.Senior Advocate V Giri, for the petitioner, told a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi that there was a spate of violence in West Bengal against Booth Level Officers carrying out SIR duties, and hence, there was a need for the deployment of Central Forces, since the State was opposed to it. "The BLOs should be given protection," Giri submitted. He also pressed for interim protection for BLOs.Justice Bagchi, however, pointed out that apart from one FIR, there was no other instance mentioned in the petition. "Apart from a single FIR, nothing is there. The other instances mentioned are historical references. The materials are presumptive," Justice Bagchi said.Senior Advocate Rakesh Dwivedi, for the ECI, submitted that the police is in the hands of the State. "State government is supposed to cooperate with us and give us protection. If the State Government refuses to do so, then we have no option other than taking the local police under deputation. Unless we take on deputation....if we don't trust the local police, we have to take central forces," he submitted.Dwivedi submitted that a strong letter has been written to the State, as there are instances of BLOs being obstructed and Electoral Officers being gheraoed.Justice Bagchi referred to the arguments of some petitioners in the other connected matters that Electoral Officers were gheraoed as the BLOs were getting exhausted. Dwivedi said that a lot of "political narratives" are floating around, including in Courts. He added that the number of voters per polling booth has been reduced to 1200 from 1500. BLOs will have to track about 35 voters only per day, and in a single home, many voters can be found, especially in rural areas. "So there is no strain," Dwivedi said. Justice Bagchi seemed to disagree by saying, "This is not a desk work. BLO has to go to each house, verify and then the enumeration form is submitted to him. This is the pressure on him. This is why we directed the States to beef up the number of BLOs.""What we want to ensure is that the SIR is done on the ground without glitches. We are not on any narratives," Justice Bagchi said. Dwivedi replied that the strain on the BLOs is caused by the interference of political parties. He said that there are reports of the Congress party in Kerala blaming the pressure put by the CPI(M) for the suicide of a BLO. The bench said that it does not want to get into a "blame game" between political parties."You tell us what is the impediment caused in the BLOs' functioning," CJI told Dwivedi. The ECI counsel replied that it is for the State to ensure the protection, failing which the ECI will have to take the drastic step of taking the local police under their deputation."Until and unless the election process commences, the police does not go to the jurisdiction of the Election Commission of India," Justice Bagchi said. Dwivedi said that the ECI has written to the State for protection. "You request the State. If there is any grievance on that score, you come before us. We will pass appropriate orders," Justice Bagchi said.Justice Bagchi added that the writ petition is filed only based on newspaper reports. "There is one solitary incident of FIR. Can we say this situation is unique and special to West Bengal alone and that there is no obstruction in any other state?" Justice Bagchi asked."We are sympathetic to your cause. But what we are trying to find out is whether this is a narrative from one end. What we find as forensic evidence of obstruction is only one First Information Report. In this situation, can we say that the state of affairs in West Bengal is so unique that a specific direction should be issued with respect of that State alone? Can all the police in all the States in India be put under the control of the Election Commission of India?" Justice Bagchi observed."You first have to pass the threshold of a prima facie case before we call upon the EC to do anything. If Mr.Dwivedi is conscious of any lack of cooperation by any State, he is at liberty to approach us, and we will pass appropriate directions," Justice Bagchi added.CJI Kant said that had the ECI approached, the Court would have considered the matter. "Instead of you (ECI) coming, someone else has come to us. As my brother rightly pointed out, we cannot accept the narrative with an isolated instance. But we are issuing notice to you. Let us get your response, not only about West Bengal,...

'Is West Bengal Situation So Unique To Put Police Under ECI?' Supreme Court On Plea Alleging Obstruction Of BLOs During SIR

Anmol Kaur Bawa

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