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SC says Bengal most polarised, orders CBI/NIA probe into judicial officers gherao incident

New Delhi, Apr 2 (PTI) Terming West Bengal as the "most polarised state", the Supreme Court on Thursday slammed the administration for its "complete failure" and inaction over the "deplorable" gherao and attack on seven judicial officers in Malda district during the electoral rolls revision drive and directed a CBI or NIA probe besides deployment of central forces in the poll-bound state. In a scathing indictment, the top court said the incident "also exposes complete failure of the state administration" and was a "brazen attempt not only to browbeat the judicial officers" but also amounted to challenge the authority of this Supreme Court. Dismissing the submissions that it was "apolitical protest", the Chief Justice Surya Kant-led bench said it was not a "routine incident. Rather, ex-facie a calculated, deliberate move to demoralise the judicial officers". "If the protest was apolitical, then what were the political leaders doing? Was it not their duty to get to the spot and see what's happening? That somebody's trying to take law and order in their hands? At 5'o clock these people gheraoed the officers and till 11 PM, your Collector was not there," the CJI said. The court asked the Election Commission to "requisition adequate Central Forces and deploy them at all places where judicial officers are adjudicating the objections" in the ongoing SIR of electoral rolls in the poll-bound state. "The Election Commission is also directed to entrust the inquiry/investigation in yesterday's incident to an independent agency - that is CBI or NIA. A compliance report to be submitted. The agency to whom investigation is entrusted would be obligated to submit a preliminary report directly to this court," it ordered. As many as 700 judicial officers from West Bengal, Odisha and Jharkhand are deployed in the ongoing SIR process to deal with over 60 lakh objections of those who are excluded from the voter lists during the SIR process. The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, directed the state chief secretary, the DGP and the district magistrate and SSP of Malda to "show cause as to why suitable action be not taken against them in light of contents of letter received from the Chief Justice of the Calcutta High Court." The CJI directed all the top officials to appear before it online on April 6 when the bench will take up the pleas, including the one filed by Chief Minister Mamata Banerjee. Responding to the submissions of the advocate general of West Bengal that the poll panel should not be acting as an adversary in this matter, the CJI said, "Unfortunately in your state each one speaks political language and this is the most polarised state. You are forcing us to make observations. Do you think we are not aware of who the miscreants are? I was monitoring everything till 2 am. Very very unfortunate." Senior advocate D S Naidu, appearing for the EC, said such "mobocracy" was not accepted. Solicitor General Tushar Mehta also termed the incident an "unacceptable" assault on the Supreme Court itself, as the judicial officers were performing the duty entrusted to them by the top court. "We will not allow anyone to intervene and take law in their hands in order to create psychological fear in judicial officers' minds. Yet, this amounts to criminal contempt. It also exposes complete failure of state administration. The manner in which the chief secretary, home secretary, DGP and the SP have acted is highly deplorable. They must explain why upon being informed they failed to take any effective measure," the bench said. It took suo motu cognisance of a letter from the Chief Justice of the high court detailing a harrowing night where judicial officers, including three women and a five-year-old child, were held captive by a mob for over nine hours without food or water. The incident occurred during the SIR exercise in the Kaliachowk area of Malda district and as per the order, seven judicial officers were gheraoed by "anti-social elements" at a BDO office starting at 3:30 PM on Wednesday. During the hearing, the CJI referred to the "shocking" timeline of the incident and said at 3:30 PM, gherao began and the Registrar General of the high court informed the state authorities immediately. He went on and said till 8.30 PM, despite repeated pleas, no tangible action was taken by the state officials, he said. "Nothing, however, was done till 8.30 PM. The Registrar General then contacted the Home Secretary and the DGP. Assurance was made for early action. But no action was taken by authorities. Even food and water was not permitted to be supplied to the judicial officers," the order noted. The Chief Justice of the high court was forced to intervene personally, placing group calls to the home secretary and DGP. The home secretary and the DGP arrived at the CJ's residence and the judicial officers, who were held hostage, were relieved post midnight. Even after the rescue, the judicial officers' vehicles were pelted with stones and attacked with sticks and bricks, the CJI said. "Shockingly, when judicial officers were released and they were going back to their respective residences, stones were pelted on their vehicles and they also attacked with sticks and bricks. The Chief Justice has deprecated delay in taking action by state administration. The incident is likely to have a chilling effect on judicial officers who are working tirelessly. We are extremely disappointed to note that the chief secretary could not be contacted...no message could be shared with him," he said. "Till 11 o'clock, your Collector was not there. I had to verbally instruct very harsh orders in the night," the CJI said. The CJI was furious when a few lawyers tried to term the incident as a routine protest. "The judicial officers who have been entrusted duties in the SIR process are performing duties for and on our behalf. They are our extended hands. Yesterday's incident is a brazen attempt not only to browbeat the judicial officers, it also amounts to challenging the authority of this court. Not a routine incident. Ex-facie a calculated, deliberate move to demoralise the judicial officers," the order said. The bench also issued a slew of directions to ensure that no impediment is caused in the SIR process entrusted to judicial officers and to assure them that their life, liberty, property and family members will be protected. "If any judicial officer has apprehension of security of his family, such threat perception to be immediately accessed and adequate measures to be taken," it ordered. The poll panel to take all remedial measures to ensure safe and smooth functioning, it said, adding that more than five persons cannot be allowed to assemble where judges are working. PTI SJK MNL ZMN

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