New Delhi/Kolkata, Apr 2 Observing that West Bengal was the "most polarised state", the Supreme Court on Thursday delivered a stinging indictment of the state administration after seven judicial officers engaged in SIR exercise were held hostage by protesters in Malda district and directed a CBI or NIA probe into the incident.
Slamming the administration for its "complete failure" and inaction over the "deplorable" gherao and attack on the officers during the Special Intensive Revision(SIR) of the voters list, the court also asked the EC to "requisition adequate Central Forces and deploy them at all places where judicial officers are adjudicating the objections". West Bengal will have a two-phase poll on April 23 and 29.
It further said the incident was a "brazen attempt not only to browbeat the judicial officers" but also amounted to challenge the authority of this Supreme Court.
The top court gave the order after it took suo motu cognisance of a letter from the Chief Justice of the Calcutta High Court detailing a harrowing night where the 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.
The officers were rescued by security forces around midnight on Wednesday after they were gheraoed over the alleged deletion of names from the electoral rolls, officials said.
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.
Chief Minister Mamata Banerjee distanced herself from the incident that has escalated the political slugfest and put the blame on the Election Commission for the alleged law and order lapses.
Addressing rallies at Sagardighi and Suti in Murshidabad district, Banerjee accused the EC of "failing to protect" the judicial officers and asserted that she was fighting the battle politically despite having been stripped of administrative powers after the poll panel's intervention.
"My powers have been taken away and Bengal has been defamed. Nobody from the administration even informed me about the Malda incident."
Backing the apex court's observations, Banerjee said, "The Supreme Court has rightly said so."
Banerjee also accused Union Home Minister Amit Shah of scripting a "blueprint of conspiracy" to foment unrest in the state and ultimately pave the way for President's rule ahead of the assembly polls.
BJP leader Suvendu Adhikari alleged that the incident was "planned and organised by the TMC" under the leadership of Banerjee.
BJP national spokesperson Gaurav Bhatia said the incident was a "black spot" in the country's history, alleging "TMC goons" acted at Banerjee's behest to obstruct the SIR exercise and protect Rohingyas.
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 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," the court ordered.
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 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.
In Re: Safety and Security of Judicial Officers, (SC) : Law Finder Doc Id # 2876843
