The Supreme Court of India on Monday ordered verified voters’ names added to supplementary electoral rolls “by tonight” in poll-bound Bengal, warning over the Malda gherao episode that if state machinery fails, “we will see what can be done”.
A bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi heard the matter.
The focus has been on still-pending appeals by lakhs of voters whose names have been deleted from the electoral roll.
The Chief Justice referred to a letter from the Chief Justice of the Calcutta High Court, Justice Sujoy Paul and said around 60 lakh claims and objections of those removed from voters' lists in the ongoing SIR of electoral rolls in poll-bound West Bengal will be decided during the day.
The court directed that the names of those verified are to be included in the supplementary list ‘by tonight’.
The court posted the case on April 13.
The Election Commission of India (ECI) informed the court that 26,000 objections from the first phase of polling were pending as of half an hour before the hearing. They will be disposed of in a couple of hours. In the second phase, 20,000-25,000 objections are pending.
“Appeals are ‘trickling’ in. Those filed online are getting acknowledgements/receipts. I will check physically,” Senior Advocate Dama Seshadiri Naidu for the ECI said.
It also informed the bench that the remaining claims would be decided during the day and that a supplementary electoral roll would be published later on Monday night.
The court also allowed time until April 7 for completing pending digital signature uploads.
The apex court also warned the Bengal government over threats to judicial officers involved in the special intensive revision of the voter list before the two-phase election later this month.
Against the backdrop of last week's incident - seven officers were held hostage by voters whose names have been deleted - the court said: "The central forces will not be withdrawn from West Bengal looking at the way things have happened in the past. If state machinery fails, then we will see what can be done."
The court pulled up West Bengal chief secretary Dushyant Nariala for not picking up the calls of the Calcutta High Court Chief Justice on the day of the incident on April 1, when a gherao of judicial officers took place.
The bench asked the chief secretary to apologise to the Calcutta High Court Chief Justice for not taking the calls and said it represents the failure of the district administration.
The court then directed the National Investigation Agency (NIA) to take over the investigation in the 12 FIRs registered by the local police over the incident, irrespective of the provisions under which the FIRs have been registered.
Regardless of whether the scheduled offences under the NIA Act are attracted or not, the NIA can investigate these matters.
The direction was passed after noting that there were serious allegations against the members of the state police.
"There are serious allegations against the members of the State/local police. In exercise of powers under Article 142, we direct that the investigation of these FIR be taken over by NIA, irrespective of the offences under which these FIRs have been registered," the bench observed in the order.
The court further directed that the investigation reports be filed before the NIA Court at Kolkata. Until then, the NIA was directed to continue submitting status reports to the Supreme Court from time to time.
It directed the local police to hand over all investigation papers and case diaries to the NIA and to provide any logistical support or assistance required for the ongoing investigation.
The bench observed that even in Malda district, where judicial officers reportedly faced disruptions including gherao, around eight lakh cases had been disposed of.
Senior advocate Shyam Divan, appearing for Chief Minister Mamata Banerjee, submitted that 19 appellate tribunals set up to hear challenges against voter deletions were yet to become fully operational.
The bench directed the Chief Justice of the Calcutta High Court to constitute a three-member panel of former senior judges to frame uniform procedures for these tribunals.
The panel has been asked to finalise guidelines by April 7 to ensure expeditious disposal of appeals.
The court clarified that tribunals would have the authority to examine reasons for inclusion or exclusion from voter rolls and review documentary evidence, including records not uploaded online.
The Bengal administration is currently functioning under the supervision of the Election Commission, with the officers involved in the exercise appointed by the poll panel.