SC orders deployment of judicial officers in Bengal’s SIR exercise
Judicial officers will perform the duties of Electoral Registration Officers (EROs). The high court said it had to move to the “extraordinary” direction due to “extraordinary circumstances”.
The bench, comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and Vipin Pancholi, noted that there was a clear lack of cooperation between the state government and the ECI.
“There is an unfortunate game of accusations and counter-allegations that has exposed trust deficit between two constitutional officers, namely the state government and the Election Commission of India. The process is now stuck at the stage of claims and objections of persons included in the logical inconsistency list. Most of the persons notified have submitted their documents in support of their demands to be included in the voters’ list. These allegations have to be decided through a quasi-judicial process. EROs,” the bench wrote in its order.
“To ensure justice in deciding on the authenticity of the documents and consequent inclusion/exclusion in the voter list”, the bench said and as agreed by both the parties, we are left with no option but to request the honorable Chief Justice of the Calcutta High Court to separate the sitting judicial officers and some former judicial officers of the rank of additional district judges or district judges, who may then be asked to re-examine/dispose of the pending allegations under the following category. ‘logical inconsistency’.”
The bench directed that every such judicial officer/ex-judicial officer shall be assisted by micro observers from ECI and state government officials deputed for such duties.
The bench stated that “given duty to judicial officers/ex-judicial officers is also extraordinary as the circumstances are extraordinary. We are also aware that this may have an impact on pending cases. The Chief Justice, with the assistance of the General Registry Committee and district judges, may develop some interim arrangements for shifting matters requiring urgent resolution to alternative courts,” it said. The court took this step due to disagreement on whether sufficient Group B officers of the rank of SDM were provided. Acting as ERO to ECI by the state. The state, on its part, objected to the ECI, relying on micro observers and special roll observers appointed by it.
In the last hearing, the high court had directed the West Bengal government to ensure that officers report to the ECI for duty. However, ECI claimed that it was not provided with well-qualified officers.
CJI Kant then orally said that the bench was “disappointed to see such attitude” on the part of the West Bengal government. The CJI stated: “You (the state) do not provide competent Group A officers. How can incompetent officers decide the fate of the people?”
In a related development, CJI Kant once again condemned the irresponsible statements made by politicians during the elections. ECI lawyer CJI Kant said politicians were making “provocative” speeches against SIR and said, “Unfortunately, irresponsible statements are being made during elections.” Regarding the ECI’s allegations that the SIR was corrupted by violence, intimidation and constant political interference, the delegation issued a warning to the World Bank Director General of Police (DGP).
The delegation added, “Unfortunately, all these statements are made during elections in this country. Is the DGP dealing with this, or there will be harsh sanctions.” After being told that the police had not taken any action on the complaints, the bench asked the DGP to provide details of all complaints received and action taken on them.
