New Delhi (TIP): The Supreme Court on Thursday, April 2, ordered a CBI or an NIA probe into illegal confinement of seven judicial officers, including three women, involved in the special intensive revision (SIR) exercise in West Bengal inside the BDO office in Kaliachak area of Malda district last evening by an unruly mob for several hours.
Describing it as “criminal failure” of the state administration, a three-judge Bench led by Chief Justice of India Surya Kant asked the probe agency to be assigned the investigation by the poll panel to submit a preliminary report to it by the next date of hearing.
“The incident is a brazen attempt not only to browbeat judicial officers, but also challenges the authority of this court. It was not a routine incident but appears to be a calculated, motivated move to demoralise the judicial officers and stop the ongoing process of adjudicating objections in left out cases,” the CJI said. “We will not allow anyone to interfere and take law into their hands in order to create psychological attacks on the minds of judicial officers and constitute criminal contempt. This is also an abdication of duty by the West Bengal Government and the officers need to furnish reasons why even after being informed did the officers not ensure safe evacuation of the officers,” Justice Kant said, taking strong exception to the conduct of state government officers.
The Bench, which also included Justice Joymalya Bagchi and Justice Vipul M Pancholi, said, “It was imperative for the state government to inform the Election Commission (EC) and seek deployment of central forces for the safety of the judicial officers.” The top court directed the Chief Secretary, DGP and Malda District Magistrate and SSP to show-cause why action should not be taken against them in light of a letter received from the Calcutta High Court Chief Justice highlighting lapses on their part. “All these officers are directed to remain present online on April 6 (Monday) at 4 pm,” the Bench ordered.
The top court ordered the EC to deploy central forces for the safe working of judicial officers. It also directed the poll panel to deploy forces at the residence of such judicial officers who had any apprehension regarding threat to their family. Such threat perception had to be immediately assessed and immediate measures needed to be taken, it said.
The Bench directed the Chief Secretary, DGP, and the state Chief Electoral Officer to submit a compliance report. Referring to a report received from the Calcutta High Court Chief Justice, the CJI said the SC was extremely disappointed to note that the Chief Secretary could not be contacted and his number was not there for WhatsApp messages. “This incident will have a chilling effect on the judicial officers,” the CJI said, citing the report.
“I don’t want to politicise it. But we got reports at 2 am. At 5 pm, they gheraoed the officers and till 11 pm there was no one… Till 11 o’clock, your collector was not there. I had to verbally instruct very harsh orders at night. Five-year-old children are not allowed food and water!” the CJI said.
“The top-most civil servant was contacted by the Chief Justice of the high court. It makes no good case by saying we are not associated. All leaders need to condemn this in one voice. We are here to protect the special officers. Their orders are deemed to be orders of our court,” Justice Bagchi said. “Earlier, judicial officers were being threatened. Now it is becoming physical. If it’s mobocracy, no one can help,” said senior counsel DS Naidu, who represented the EC.
Noting that it was imperative for the state government to inform ECI and seek deployment of central forces and seek safety of the judicial officers, the Bench ordered the ECI and state government to take all remedial measures for the safe functioning of the task entrusted to the judicial officers. The Bench said they were free to requisition whatever forces they wanted.
As West Bengal Advocate General Kishore Datta and senior counsel Kalyan Bandyopadhyay accused the EC of acting as an adversary in the 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…”
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