West Bengal SIR : Live Updates From Supreme Court Hearing

Order: EROs shall be dutybound to consider objections if any received, as per statutory scheme, whether or not such persons come forward for personal hearing. Genuineness of their documents can be verified like that of documents of affected persons.

Order: On behalf of petitioners, reference has been made to role of micro observers...ECI has clarified that micro observers and/or state govt officials shall only be assisting prescribed statutory authority in taking final decision

Mr. Naidu has pointed to counter of ECI...it is alleged that despite making complaints by ECI, no FIR was being registered against persons suspected to be involved in burning records of objections or other alleged unlawful activities. Though this is being strongly refuted by state, we are reminded of our 19 January order, in which a categorical direction was issued to police authorities to ensure maintenance of law and order. DGP to file personal affidavit in response to allegations by ECI.

Order: Since process of scrutinizing documents submitted by effected persons in response to notices is likely to take more time, and as suggested on behalf of some of petitioners, we direct that atleast 1 week more time beyond 14 feb will be granted to EROs for completing scrutiny of documents and taking apt. decision.

Order: (ii) ECI shall have discretion to replace existing ERO/AERO and utilize services who have now been made available for deputation if they are satisfied by their qualifications

(iii) Officers from list of 8505, ECI after briefly scrutinizing their work experience, may shortlist these officers equivalent to strength of micro observers already engaged. these state govt officers maybe imparted brief training of a day or so for providing assistance to EROs/AEROs alongwith micro-observers who have already been engaged. Responsibility assigned/to be assigned to micro-observers or state govt officials shall be only to assist EROs/AEROs. Final decision will be taken by EROs only.

Order: On this, the CM made statement that she was willing to provide state govt officials who are competent to perform the duties. In compliance, it has been said that on Feb 7, an Adv informed ECI that state govt was ready to provide [8500] officers of state govt for SIR

During the hearing, it was fairly stated on behalf of state of WB that list containing 8505 Group B officers was not sent to ECI as they were awaiting the commission's...the list has been handed over to Sh. Naidu. Also placed on record before us. In order to streamline ongoing process of SIR, and to address some apprehensions being expressed, we deem it apt. to issue following addl. directions:

(i) let state govt ensure that all 8505 Group B officers mentioned in the list report for duty to DEO/EROs tomorrow by 5 pm.

SG: A message must go that Constitution applies to all states

Giri: Leaders of political parties exhorting...Form 7 being burnt...how will objectors come?

Order: Ld. SG has made a pointed reference to affidavit filed by ECI. It may be noted at the outset that on Feb 4, Ms. Mamata Banerjee, CM of WB, also appeared alongwith senior counsel in petition filed by her. During course of hearing, when an objection with regard to deployment of MO by ECI was raised, it was pointed out by ld. sr counsel for ECI that despite repeated requests, adequate manpower of certain category of officials competent enough to discharge quasi-judicial/assisting duties was not provided by state govt.

SG: ECI has filed detailed affidavit 1 week before. It is really really alarming. Please take cognizance and pass remedial directions. Constitutional body informing something to this court

Naidu: They refused to register FIRs when we requested. We have given every instance

Giri: There's violence on street

Naidu: Even CEO is not spared. We have filed all complaints.

Another sr adv: Bundle of objections being filed by individuals without disclosing identity. At the time of hearing, objectors must remain present. Police has caught 2 persons who were...

Sr Adv VV Giri: There's a petition by an association that ECI must be more involved in deployment and safety of officers. There's detailed additional affidavit. They say they are in touch with govt officials but have not been able to...there is allegation that objections have been burnt wholesale...let them respond. We have filed IA.

Diwan: Even after ERO and AERO has found okay, you are giving trump virtually to micro observers. This doesnt seem to be fair

CJI: So ERO and AERO are expected to wait for observation of micro observers...if all of you agree, we will pass a short order

Gopal S: Since 14 feb is coming, final list can't be published. Entire thing is fait accompli with exclusions, if list is published.

Diwan: On 22 January, ECI published this...they have a list of acceptable identity documents for self, father and mother...default position in their general instructions is if there's only family register and Aadhar - it is to be rejected. Even if person has 2 documents, their list is 1 document. Idea appears to be mass exclude. In their reply, they make evasive denial...extra legal role being given to micro-observers.