Supreme Court Slams West Bengal Officials Over Attack On Judges During SIR Duty, Directs Use Of Central Forces

The Supreme Court on Thursday took serious notice of a protest in West Bengal during which judicial officers engaged in Special Intensive Revision (SIR) work were held hostage by demonstrators from yesterday afternoon till midnight, and their vehicles were attacked using stones and sticks while they were being evacuated after midnight.The Court referred to a letter received from the Calcutta High Court Chief Justice regarding the incident that occurred in Kaliachak village in Malda district.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi registered a suo motu case on the issue and took it up this morning.The lawyers appearing for the petitioners and the State in the West Bengal SIR cases, Senior Advocates Kapil Sibal, Shyam Divan, Gopal Sankaranarayanan, Menaka Guruswamy, as well as Solicitor General of India Tushar Mehta and Senior Advocate Dama Seshadri Naidu (representing the Election Commission of India) were present in the urgent hearing convened by the Court.CJI Surya Kant revealed that he had to pass urgent orders late at night to ensure the safety of the judicial officers."Do you know what happened?" CJI asked the lawyers as soon as the matter was taken. Sibal said that he had read the report in 'The Telegraph' about the incident."Till 11 o'clock, your Collector was not there. I had to verbally instruct very harsh orders in night. 5-year-old child not allowed food and water!" CJI said. Guruswamy said that it was an "apolitical protest". The Chief Justice replied, "If the protest was apolitical, then what were the political leaders doing? Was it not their duty to get at the spot and see what was happening? That somebody's trying to take law and order in their hands? 5 o'clock these people gheraoed the officers. Till 11, your Collector was not there."Sankaranarayanan submitted that the ECI be asked to deploy central forces.Naidu submitted that such "mobocracy" was not accepted. The Solicitor General also expressed strong views, saying that it was an "unacceptable" assault on the Supreme Court itself, as the judicial officers were performing the duty entrusted to them by the Apex Court.Bench narrates the events in the orderCJI said that WhatsApp messages were received late at night that seven judicial officers, including three women, were gheraoed at the BDO office in Kaliachowk area in Malda District. The gherao started at 3.30 PM, and the Registrar General of the High Court requested the State administration for action. However, nothing was done till 8.30 PM, the bench noted in the order, and later the Home Secretary was contacted. The bench observed in the order that the appeals of the Registrar General was "met with conspicuous inertia" till 8.30 PM.The situation was "so dire that even food and water were not permitted to be supplied to the judicial officers." The HC Chief Justice stated that neither the District Magistrate nor the Superintendent of Police had reached the BDO office where the officers were gheraoed.The Chief Justice of the High Court had then to call the Home Secretary and the DGP to monitor the situation. Finally, the judicial officers were released after 12 PM night, following the intervention of the Chief Justice of the High Court. Shockingly, while they were going back, their vehicles were subjected to stone-pelting and attack by bamboo sticks.'Failure of administration' : Bench slams Bengal officialsThe Court criticised the West Bengal Chief Secretary for remaining beyond contact."We are also extremely disappointed to note, from the D.O. letter of the learned Chief Justice, that the Chief Secretary of the State could not be contacted, as he had not shared a mobile number with WhatsApp facility, as a result of which no communication could be conveyed to him," the Court noted in the order.The Court noted that the incident was a "brazen attempt" to browbeat judicial officers and to challenge the authority of the Supreme Court. The Court said that it appeared to be a "calculated and deliberated move to demoralise the judicial officers and obstruct the ongoing process of adjudication of claims in the electoral process.""We will not allow anyone to take the law into their hands to create psychological fear in the mind of judicial officers who are performing a solemn duty," the bench said, warning that it amounts to criminal contempt. The bench also slammed the "failure" of the State administration.The manner in which the Chief Secretary, the Home Secretary, the Director General of Police, the Superintendent of Police, and the District Collector reacted was "highly deplorable", the Court observed, recording its "extreme disappointment." The Court said that these officials owed an explanation for not ensuring the safe evacuation of the judicial officers.Guruswamy submitted that these officials were brought in by the Election Commission of India after replacing the earlier officials. "These are your officials Mr Naidu," she...

Supreme Court Slams West Bengal Officials Over Attack On Judges During SIR Duty, Directs Use Of Central Forces

Debby Jain

The Court directed the ECI to entrust the investigation to either the CBI or the NIA.

Tags