SC hands Malda case to NIA
The Supreme Court on Monday exercised its plenary power to transfer cases related to picketing and attack on seven judicial officers engaged in Special Intensive Revision (SIR) exercise in Malda district to the National Investigation Agency (NIA). The court also said it won’t set a deadline on appeals of those names that were deleted.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that the credibility of West Bengal bureaucracy is being lowered and politics is being brought into the Secretariat and Government offices. The bench ordered that 26 people arrested by the State police in connection with the Malda incident be interrogated by the NIA even if they are in judicial custody.
The SC pulled up West Bengal Chief Secretary Dushyant Nariala for not picking up the calls of the Calcutta High Court Chief Justice on the day of the incident on April 1, when judicial officers were encircled and picketed. The bench asked the Chief Secretary to apologise to the Calcutta HC Chief Justice for not taking the calls and said it represents the failure of the district administration. The SC said the Malda incident, in which judicial officers engaged in SIR work were picketed for hours, was pre-planned and motivated.
Seven hundred 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.
The court, after perusing the video of a woman judicial officer expressing anxiety over the safety of her kith and kin, made clear that “the Central forces will not be withdrawn from West Bengal looking at the way things have happened in the recent past.”
The SC expressed concern over reported threats and obstruction faced by judicial officers during the revision process and warned that if state machinery fails to ensure safety, it would consider appropriate measures.
“If state machinery fails, then we will see what can be done,” the bench said.
The bench took note of the submissions of Chief Minister Mamata Banerjee, represented by senior advocate Shyam Divan, that 19 appellate tribunals, set up to hear pleas against wrongful deletions or additions, are yet to become operational. The CJI asked the Chief Justice of the Calcutta HC to constitute a three-member panel of former senior judges to frame uniform procedures for these tribunals.
During the hearing which commenced at 4 pm, the bench referred to a letter from the Calcutta High Court Chief Justice and said that judicial officers decided over 59.15 lakh claims and objections out of approximately 60 lakh cases by noon on April 6. The bench observed that even in Malda district, where several judicial officers reportedly faced disruptions including gherao, around eight lakh cases had been disposed of.
The Election Commission of India, represented by senior advocate DS Naidu, informed the bench that the remaining claims would be decided during the day and that a supplementary electoral roll would be published later on Monday night. The court also allowed time until April 7 for completing pending digital signature uploads. During the hearing, the bench emphasised the need to create an environment enabling tribunals to function effectively and fairly.
“Let us create an atmosphere where tribunals can maximise their outputs,” the CJI said. Justice Bagchi underscored that the role of the Election Commission is to expand electoral participation rather than restrict it.
