Not dealing with it will cause anarchy: Supreme Court to EC as it flags threats to BLOs doing SIR work

New Delhi: The Supreme Court on Tuesday expressed concern over BLOs and other officials engaged in SIR 2.0 being "threatened" in West Bengal and other states, and asked the Election Commission to deal with the situation or "it will cause anarchy".

A bench of Chief Justice of India (CJI) Surya Kant and Joymalya Bagchi also voiced concern over the alleged lack of cooperation by state governments in the Special Intensive Revision of electoral rolls and said, "What we want to ensure is that the SIR is done on the ground without any glitches."

"Bring to our notice instances of lack of cooperation, hindrances to work of BLOs and we will pass appropriate orders," the bench told senior advocate Rakesh Dwivedi, appearing for the Election Commission (EC).

Dwivedi submitted, "The state governments are supposed to cooperate with us and give us protection. If the state government refuses to do so, then we have no option other than taking the local police under deputation. If the situation still does not improve, then we will have to call central forces."

Justice Bagchi said the poll panel cannot take the police under its jurisdiction until the commencement of the election process.

Dwivedi said the EC has all constitutional powers to deal with instances of BLOs and other officials engaged in SIR work being threatened.

"Deal with the situation or it will cause anarchy," CJI Kant told Dwivedi, terming the situation "very serious".

Senior advocate V Giri, appearing for petitioner Sanatani Sangsad and others, pointed out that the petitioners have alleged violence and threats against BLOs and other officials engaged in SIR work and sought directions to the EC to protect them.

The top court sought responses from the EC, the Centre and the West Bengal government on the plea of Sanatani Sangsad for directions to deploy the state police officers under the EC's deputation till the final publication of electoral rolls in the state after SIR.

The plea also sought the deployment of central armed forces in the state till the completion of SIR.

Giri submitted that there was a spate of violence in West Bengal against booth-level officers (BLOs) carrying out SIR duties, and hence, there was a need for the deployment of central forces since the state was opposed to it.

Justice Bagchi told Giri that apart from one FIR, there was no other instance mentioned in the petition.

"Apart from a single FIR, nothing is there. The rest are historical references and the materials are presumptive, based on newspaper reports," Justice Bagchi said.

"Can the court, based on a single FIR, say this situation is unique and special to West Bengal alone and that there is no obstruction in any other state? We are sympathetic to your cause. But what we are trying to find out is whether this is a narrative from one end. What we find as forensic evidence of obstruction is only one First Information Report," he said.

The bench said in this situation, the court cannot say that the state of affairs in West Bengal is so unique that a specific direction should be issued with respect to that state alone and if all the police in all the states in India can be put under the control of the Election Commission.

At the outset, Dwivedi submitted that a strong letter has been written by the EC to the West Bengal government, as there were instances of BLOs being threatened, their work being obstructed and the state election office being gheraoed.

Justice Bagchi said the argument has been made by some petitioners that the state election commission office was gheraoed as the BLOs were getting exhausted due to being over-burdened and committing suicides.

Dwivedi said there are a lot of political narratives that have been floating around, including in courts, since the SIR exercise began.

He said the number of voters per polling booth has been reduced to 1,200 from 1,500 and the BLOs will have to map around 30-35 voters per day, which comes to six to seven houses. "So there is no strain as such," Dwivedi said.

Justice Bagchi, however, disagreed with the submission and said, "This is not desk work. BLO has to go to each house, verify and then the enumeration form is submitted to him. The enumeration has to be uploaded. This is the pressure on him. This is why we directed the states to beef up the number of BLOs."

The judge further said the court is not on any narratives.

Dwivedi replied that the strain on the BLOs is caused by the interference of political parties and other factors, and pointed out that there are reports of the Congress blaming the CPI(M) in Kerala for putting pressure on a BLO who committed suicide.

CJI Kant said, "The court does not want to get into a blame game between political parties. You tell us what is the impediment caused in the BLOs' functioning. Bring to our notice and we will deal with it."

Dwivedi said the EC has written to the State for protection.

Justice Bagchi said if there is any grievance on that score, the EC can come before the court and appropriate orders will be passed.

The bench, while issuing notice to the poll panel, said the court cannot accept the narrative with an isolated instance.

"We are issuing notice to you. Let us get your response, not only about West Bengal, but about the cooperation or lack of cooperation you are getting from different states. If the BLOs are getting threatened, that is a serious issue," CJI Kant said while concluding the hearing in the matter.