Prodded by the Supreme Court, the Election Commission on Thursday ordered a National Investigation Agency probe into Wednesday’s nine-hour mob gherao of seven judicial officers in Malda, which was followed by alleged attacks on their vehicles.

At a special hearing on Thursday, the apex court termed the incident a “brazen attempt” by “antisocial elements” to “browbeat” the entire judiciary. It directed Bengal’s chief secretary and director-general of police, and the Malda district magistrate and superintendent of police to appear virtually before it on Monday.

They will have to explain why they should not face action for failing to act despite repeated SOSes from Calcutta High Court Chief Justice Sujoy Paul and other registry officials.

The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi directed the adequate deployment of central forces to protect officials on SIR duty.

Four male and three female judicial officers had been held hostage for over nine hours by villagers at Mothabari, Kaliachak, past midnight before being rescued by the central forces.

Justice Kant described how he and other apex court judges had on Thursday received multiple WhatsApp messages on Wednesday’s incident, followed by a DO (demi-official) communication from Justice Paul to the CJI.Justice Kant said the incident appeared to be “a calculated, well planned and deliberate attempt to demoralise the judicial officers and this court (Supreme Court)”.

Senior advocate Kapil Sibal — leading a battery of senior lawyers such as Shyam Divan, Gopal Sankaranarayanan, Kalyan Banerjee and Menaka Guruswamy representing the Bengal government — told the bench that he too was concerned.

Solicitor-general Tushar Mehta was in the court on behalf of the Centre.

“The gherao is stated to have commenced at around 3.30pm (on Wednesday), following which the registrar-general of the high court immediately apprised the state’s administrative authorities and requested urgent intervention. However, it appears that the matter was met with conspicuous inertia until approximately 8.30pm,” the order dictated by the bench said.

It said the registrar-general had contacted the home secretary and the DGP “through a group call” with the high court chief justice.

“…The officials extended oral assurances of prompt intervention; however… no significant action appears to have been taken,” the apex court said.

“We are informed that the situation was so dire that even food and water were not permitted to be supplied to the judicial officers.”

The order said Justice Paul had underlined that neither the DM nor the SP came to the BDO office, the site of the gherao. Justice Paul then called the DGP and the home secretary to his residence to jointly monitor the situation.

“At this juncture, certain senior judges of the high court were also associated with a view to mitigate the situation,” the apex court said.

It said the home secretary and the DGP arrived at the high court chief justice’s residence after midnight. The hostages in Malda were released after midnight.

“Shockingly, when the judicial officers were released around midnight and were returning to their respective places of stay, their vehicles were pelted with stones and attacked with bamboo sticks and bricks,” the apex court said.

It said Justice Paul had “strongly deprecated the delay on the part of the civil and police administration in taking appropriate action”.

“We are also extremely disappointed to note, from the DO letter of the learned Chief Justice, that the chief secretary of the state could not be contacted, as he had not shared a mobile number with WhatsApp facility…,” the court said.

“Chilling effect”

The apex court added that after Wednesday’s hearing, all the judicial officers were addressed through videoconferencing to “motivate them to complete the remaining work” (of settling the cases of the under-adjudication voters) by April 5 night, particularly for the first-phase constituencies.

“We are told that after the conference concluded, the judicial officers responded positively. However, (Wednesday’s incident)... is likely to have a chilling effect on the judicial officers who have been working tirelessly, without availing leave even on Saturdays and Sundays,” the apex court said.

It underlined, citing its February 20 order, that the judicial officers were discharging their SIR duties “for and on behalf of this court” and “they are, in essence, an extension of this court”.

Wednesday’s incident is therefore “a brazen attempt not only to browbeat judicial officers, but also amounts to a challenge to the authority of this court”, the top court said.

It said any attempt “to create a climate of psychological fear in the minds of judicial officers… amounts to criminal contempt” and “reflects a complete failure on the part of the civil and police administration” in handling law and order in Malda.

The “manner in which” the chief secretary, home secretary, DGP, DM and SP acted was “highly deplorable”, the order said, and they “owe an explanation to this court” why they had taken “no effective measures… to secure (the judicial officers’) safe evacuation”.

“It was incumbent upon the state administration to immediately inform the Election Commission of India and seek deployment of central forces, wherever necessary, to ensure the safety of the judicial officers,” the order said.

Safety measures

The apex court directed several interim measures to prevent obstructions to the SIR process and protect the lives, liberty and properties of the judicial officers and their families.

*The poll panel must deploy adequate central forces at all places where judicial officers have been deputed to adjudicate on doubtful voters.

*Adequate security must be arranged at all areas and venues, including hotels and government guesthouses, where the judicial officers and their families are staying.

*The police must assess any apprehensions expressed by the judicial officers on their or their families’ security and adopt measures.

*The chief secretary, home secretary and the DGP, apart from all the DMs, SSPs and other police officers “are jointly and severally directed to ensure that not more than five persons enter the premises at any given time” to file objections or during the hearing of such objections. Not more than five people shall be allowed to gather at any premises where adjudication work is in progress.

*The chief secretary, DGP and the Bengal chief electoral officer must submit compliance reports.

*The poll panel should hand the probe into the incident to “an independent agency” such as the CBI or the NIA. The probe agency must submit a preliminary report directly to the top court.

Later, in a letter to the NIA director-general, the poll panel said: "...I am directed to request that the necessary inquiry/ investigation into the matter be conducted... as per the above directions."