New Delhi, 2 April 

The Supreme Court on Thursday came down heavily on the West Bengal administration for its alleged inaction over the "deplorable" gherao and attack on seven judicial officers in Malda district during the SIR drive and ordered an independent probe by the CBI or NIA.

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".

The court 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 Election Commission is also directed to entrust the inquiry/investigation into yesterday's incident to an independent agency - that is, CBI or NIA. A compliance report is to be submitted. Agency to whom investigation is entrusted would be obligated to submit a preliminary report directly to this court,” it ordered.

As many as 700 judicial officers from West Bengal, Odisha and Jharkhand are deployed in the ongoing SIR process to deal with over 60 lakh objections of those who are excluded from the voter lists during the SIR process.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi directed the state chief secretary, the DGP and the District Magistrate and SSP of Malda district “to show cause as to why suitable action should not be taken against them in light of the contents of the letter received from the Chief Justice of the Calcutta High Court.”

The CJI directed all the top officials to appear before it online on 6 April, when the bench will take up the pleas, including the one filed by Chief Minister Mamata Banerjee.

“We will not allow anyone to intervene and take the law into their hands to create psychological fear in judicial officers' minds. Yet, this amounts to criminal contempt. It also exposes the complete failure of state administration. The manner in which the chief secretary, home secretary, DGP and the SP have acted is highly deplorable. They must explain why, upon being informed, they failed to take any effective measure,” the bench said.

It also took cognisance of a letter from the Chief Justice of the High Court detailing a harrowing night where judicial officers, including three women and a five-year-old child, were held captive by a mob for over nine hours without food or water.

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 3:30pm on Wednesday.

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

He went on and said that till 8.30pm, 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 were also attacked with sticks and bricks. The Chief Justice has deprecated the delay in taking action by the 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 with 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, but 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.

The bench also issued a slew of directions to ensure that no impediment is caused in the SIR process entrusted to judicial officers and to assure them that their life, liberty, property and family members will be protected.

“If any judicial officer has apprehension of security of his family, such threat perception to be immediately assessed and adequate measures to be taken,” it ordered.

The poll panel will take all remedial measures to ensure safe and smooth functioning, it said, adding that more than five persons cannot be allowed to assemble where judges are working.

Responding to the submissions of the advocate general of West Bengal that the poll panel should not be acting as an adversary in this matter, the CJI said, “Unfortunately, in your State, each one speaks political language, and this is the most polarised state. You are forcing us to make observations. Do you think we are not aware of who the miscreants are? I was monitoring everything till 2 am. Very, very unfortunate.”