The Supreme Court on Thursday took serious note of seven judicial officers being taken “hostage” during the Special Intensive Revision (SIR) exercise in West Bengal’s Malda district, terming the incident deplorable and a direct challenge to the authority of the court, while seeking responses from the state’s top officials over their inaction.
Coming down heavily on the state machinery, a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said the episode reflected a breakdown of law and order and appeared to be a “calculated” and “motivated move to demoralise judicial officers” and derail the electoral process. The court permitted the Election Commission to seek a probe by either the CBI or NIA.
Issuing show-cause notices to the Chief Secretary, Home Secretary, Director General of Police and other officials, the bench termed their conduct an “abdication of duty” and asked them to explain why timely action was not taken despite prior alerts.
“We are extremely disappointed to note these developments. Our previous order clearly reflects that judicial officers, who are entrusted with adjudicating the SIR process, must be allowed to perform their duties without fear or obstruction. The incident that took place is brazen and strikes at the very root of the rule of law. It amounts to a direct challenge to the authority of the Court. This was not a spontaneous act but appears to be a well-planned and deliberate attempt to demoralise judicial officers and obstruct the ongoing process of adjudication of objections. We will not permit any individual or group to take the law into their own hands or to create psychological fear in the minds of judicial officers. This conduct undoubtedly amounts to criminal contempt of court. It also exposes the failure of the State administration. The conduct of the Chief Secretary, Home Secretary, Director General of Police, Collector, and Superintendent of Police is highly deplorable. Accordingly, we issue show-cause notices to them as to why effective measures were not taken. The Election Commission of India (ECI) is directed to seek the deployment of central forces to protect the judicial officers. Taking cognisance of yesterday’s incident, we further direct that no obstruction or impediment shall be caused to the ongoing adjudication process. We reiterate that this Court shall ensure that the life, property, and family members of the judicial officers are duly protected”, the court noted.
The bench also directed the Election Commission to requisition central forces from anywhere in the country, ensure strict security at adjudication venues, regulate public access, and assess threat perceptions faced by officers and their families. Officials have been asked to submit compliance reports and appear virtually at the next hearing.
Referring to media reports, the court described the incident as a “brazen attempt not only to browbeat judicial officers but also challenges authority of this court”, asserting that it would not allow any interference in judicial functioning or attempts to create psychological fear among officers.
The incident unfolded on Wednesday in Malda’s Kaliachak area, where seven judicial officers, including three women, were gheraoed inside the Block Development Office for several hours by protesters alleging large-scale deletion of names from electoral rolls under the SIR process.
The protest began around 4 pm after demonstrators were denied entry to meet the officers, eventually escalating into a blockade and gherao. The agitators also blocked National Highway 12 (Kolkata-Siliguri), intensifying the standoff.
A large contingent of security forces launched a late-night operation and rescued the officers after midnight. During the evacuation, protesters attempted to block vehicles using bamboo poles and allegedly tried to vandalise them.
“A group of agitators tried to stop the vehicles carrying the judicial officers and also attempted to damage them. Our personnel had to use mild force to ensure their safe evacuation,” an officer said.
Police used batons to disperse the crowd, while there were unconfirmed reports of some protesters being injured during the commotion.
The situation eased only after an Additional District Magistrate reached the spot and assured protesters that names of eligible voters would be included in the rolls within four days, following which the highway blockade was lifted.
The Election Commission has sought a report from the state’s Director General of Police on the incident. Judicial officers are currently adjudicating claims of voters marked “under adjudication” in the electoral rolls published on February 28.
West Bengal is scheduled to vote in two phases on April 23 and 29, with counting set for May 4.