'Never seen such a polarised State': Supreme Court on West Bengal over judicial officials being held 'hostage' during SIR duty

The CJI comes down hard on State officials for their delayed action in the issue.

The Supreme Court on Thursday took serious note of seven judicial officials engaged in SIR exercise being taken "hostage" in West Bengal's Malda district, terming it deplorable and seeking responses from the State Home Secretary, the DGP and other officials for their "inaction".

In a scathing indictment of the state administration, the top court said the incident "also exposes complete failure of the state administration" and observed that West Bengal is the "most polarised state".

'Can seek CBI/NIA probe'

Noting that the incident appears to be a "calculated" and "motivated move to demoralise judicial officers" and to stop the ongoing electoral process, the bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi permitted the Election Commission to seek either CBI or NIA probe into the unfortunate incident.

The court also asked the Election Commission to "requisition adequate Central Forces and deploy them at all places where judicial officers are adjudicating the objections" in the ongoing SIR of electoral rolls in the poll-bound state.

The CJI came down hard on state officials for their delayed action in the issue. The bench observed that the law and order machinery in the State had "broken down".

"We are extremely disappointed to note that the Chief Secretary could not be contacted and no messages could be shared with him," the court noted in the order.

'Brazen attempt to browbeat...'

Seven judicial officials, including three women, were taken "hostage" by the anti-social elements at Malda district, the CJI said, adding that he himself had to monitor the situation till late night on Wednesday.

The top court referred to media reports on the incident and said it was a "brazen attempt not only to browbeat judicial officers but also challenges authority of this court".

The bench said it would not allow anyone to interfere and take law into their own hands for psychological attack on judicial officers, and asked the Election Commission to seek Central forces from anywhere in the country to protect the judicial officers, their families and other staff engaged in SIR works.

Adding that it was an "abdication of duty" by the West Bengal government and its officers, the court said they would have to give reasons for their inaction.

Seven judicial officers engaged in SIR were gheraoed for several hours in Malda district over the deletion of names from the electoral rolls, officials had said.

What actually happened

According to officials, the protesters initially sought a meeting with the judicial officers. After being denied entry, they began a demonstration around 4 pm on Wednesday and gheraoed the premises. Three women judicial officers were among those stuck inside the office during the protest, officials had said.

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.

During the hearing, the CJI referred to the "shocking" timeline of the incident and said at 3:30 PM, gherao began and the Registrar General of the high court informed the state authorities immediately.

He went on and said till 8.30 PM, despite repeated pleas, no tangible action was taken by the state officials, he said.

"Nothing, however, was done till 8.30 PM. The Registrar General then contacted the Home Secretary and the DGP…Assurance was made for early action. But no action was taken by authorities. Even food and water was not permitted to be supplied to the judicial officers," the order noted.

The Chief Justice of the High Court was forced to intervene personally, placing group calls to the Home Secretary and DGP.

The home secretary and the DGP arrived at the CJ's residence and the judicial officers, who were held hostage, were relieved post midnight.

Even after the rescue, the judicial officers' vehicles were pelted with stones and attacked with sticks and bricks, the CJI said.

"Shockingly, when judicial officers were released and they were going back to their respective residences, stones were pelted on their vehicles and they also attacked with sticks and bricks. The Chief Justice has deprecated delay in taking action by state administration. The incident is likely to have a chilling effect on judicial officers who are working tirelessly. We are extremely disappointed to note that the chief secretary could not be contacted...no message could be shared with him," he said.

"Till 11 o'clock, your Collector was not there. I had to verbally instruct very harsh orders in the night," the CJI said.

The CJI was furious when a few lawyers tried to term the incident as a routine protest.

"The judicial officers who have been entrusted duties in the SIR process are performing duties for and on our behalf. They are our extended hands. Yesterday's incident is a brazen attempt not only to browbeat the judicial officers, it also amounts to challenging the authority of this court. Not a routine incident. Ex-facie a calculated, deliberate move to demoralise the judicial officers…," the order said.