Politics News

Supreme Court Pulls Up Bengal Govt Over Attack on Judges

New Delhi: The Supreme Court on Thursday came down heavily on the West Bengal administration for its "complete failure" and inaction over the "highly deplorable" gherao and attack on seven judicial officers in Malda district during the Special Intensive Revision (SIR) of electoral rolls. The court ordered an independent probe by the CBI or NIA and directed deployment of Central forces at all locations where objections to exclusion from electoral rolls are being adjudicated by appellate tribunals in the state. The apex court described West Bengal as the "most polarised state" and observed that the incident exposed a "complete failure of the state administration". It termed the attack a "brazen attempt" to browbeat judicial officers and a challenge to the authority of the Supreme Court. A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi said the incident was not routine but "ex facie a calculated, deliberate move to demoralise judicial officers". Rejecting the claim that it was an "apolitical protest", the Chief Justice said: "If the protest was apolitical, then what were the political leaders doing? Was it not their duty to reach the spot and see what was happening? That someone was trying to take the law into their hands? From 5 pm to 11 pm, your collector was not there." The court also directed the Election Commission to requisition adequate Central forces and deploy them at all places where judicial officers are adjudicating objections in the ongoing SIR of electoral rolls in the state. The court directed the Election Commission of India (ECI) to entrust the inquiry into the incident to an independent agency, such as the CBI or the NIA. It said appropriate orders would be passed during the day and a compliance report must be submitted to the court. The agency entrusted with the probe was also directed to submit a preliminary inquiry report directly to the court. Around 700 judicial officers from West Bengal, Odisha and Jharkhand have been deployed in the ongoing SIR process to deal with over 60 lakh objections from those excluded from the electoral rolls. The court further directed the Chief Secretary, the DGP, the District Magistrate, Malda, and the Superintendent of police, Malda, to show cause as to why action should not be taken against them in light of the letter received from the Chief Justice of the High Court. The Chief Justice of India directed all senior officials to appear virtually before the court on April 6, when the bench will hear the pleas, including the one filed by Chief Minister Mamata Banerjee. Responding sharply to the Advocate General's submission that the poll panel should not act as an adversary, the Chief Justice said: "Unfortunately, in your state everyone speaks the language of politics, 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 poll panel, said such "mobocracy" was unacceptable. Solicitor General Tushar Mehta termed the incident an "unacceptable" assault on the Supreme Court, noting that the judicial officers were discharging duties assigned by the apex court. The court observed: "We have no hesitation in stating that we will not permit any person to take the law into their own hands so as to create a climate of psychological fear among judicial officers performing their duties. Such conduct amounts to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971. It also reflects a complete failure of the civil and police administration with respect to the law and order situation in Malda district." The court took suo motu cognisance of a letter from the Chief Justice of the High Court, which detailed a harrowing incident in which judicial officers, including three women and a five-year-old child, were held captive by a violent mob for over nine hours without food or water. The incident occurred during the SIR exercise in the Kaliachowk area of Malda district, where seven judicial officers were gheraoed by "anti-social elements" at a BDO office from 3.30 pm on Wednesday. Referring to the "shocking" timeline, the Chief Justice said the gherao began at 3.30 pm and the Registrar General of the High Court immediately informed the state authorities. However, until 8.30 pm, despite repeated appeals, no effective action was taken. The order noted: "Nothing was done till 8.30 pm. The Registrar General then contacted the Home Secretary and the DGP, who assured prompt action. However, no steps were taken, and even food and water were not allowed to be supplied to the judicial officers." The Chief Justice of the High Court was compelled to intervene personally, placing group calls to the Home Secretary and the Director General of Police. The Home Secretary and the DGP then reached the Chief Justice's residence, following which the judicial officers, who had been held hostage, were released after midnight. The Chief Justice of India said, "Shockingly, when the judicial officers were released and were returning to their residences, stones were pelted at their vehicles, and they were attacked with sticks and bricks. The Chief Justice has deprecated the delay in action by the 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 conveyed to him." He further observed: "Till 11 pm, your collector was not present. I had to issue very harsh verbal directions during the night." The bench noted its disappointment on perusing the High Court Chief Justice's letter, which stated that the Chief Secretary could not be contacted as he had not shared a mobile number with WhatsApp facility, and therefore no communication could be conveyed to him. The Chief Justice of India also expressed strong disapproval when some lawyers attempted to describe the incident as a routine protest. "The judicial officers entrusted with duties in the SIR process are acting on our behalf. They are our extended hands. Yesterday's incident is a brazen attempt not only to browbeat judicial officers but also to challenge the authority of this court. It is not a routine incident. It is, ex facie, a calculated and deliberate move to demoralise judicial officers," the order said. The court issued a series of directions to ensure that no impediment is caused to the SIR process and to assure judicial officers that their life, liberty, property and family members will be protected. "If any judicial officer apprehends a threat to the security of their family, such threat perception must be immediately assessed and adequate measures taken," it directed. The court also directed the Election Commission to take all remedial steps to ensure safe and smooth functioning, and ordered that no more than five persons be allowed to assemble at places where judicial officers are conducting the SIR exercise. Terming the Malda incident a "black spot" in the country's history, the BJP alleged that "TMC goons" acted at the behest of Chief Minister Mamata Banerjee to obstruct the SIR exercise and protect Rohingyas. BJP national spokesperson Gaurav Bhatia questioned whether the Chief Minister was "ashamed" of the Supreme Court's observations and whether she would resign. "This is Mamata Banerjee's 'jungle raj'. TMC workers took judicial officers hostage at her behest. Such an incident has never occurred in the history of India. It is unfortunate and a black spot. It is sad that Mamata Banerjee, who has taken an oath under the Constitution, is allowing judicial officers to be held hostage in blatant defiance of Supreme Court orders. The intention is to intimidate judicial officers, as she wants to obstruct the SIR process," Bhatia said.

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