The Supreme Court on Monday directed the National Investigation Agency to take over the probe into the gherao of judicial officers in West Bengal’s Malda by a group of persons protesting against alleged mass deletion of voters during the special intensive revision of electoral rolls, Bar and Bench reported.
There were “serious allegations” against the state police, a bench led by Chief Justice Surya Kant said while passing the order.
The incident took place on April 1, when a group of protesters held hostage seven judicial officers, including three women, for several hours. Stones were thrown at their vehicles while they were returning to their homes. They were released from the mob after midnight following the intervention of Calcutta High Court Chief Justice Sujoy Paul.
A day later, the Supreme Court directed the deployment of central forces to provide security to judicial officers helping complete the revision of the electoral rolls in the state.
The exercise is underway ahead of Assembly polls to be held in two phases on April 23 and April 29. Votes will be counted on May 4.
On Monday, the court noted that the Election Commission had sought an inquiry by the NIA, which had submitted a preliminary status report in a sealed cover, Bar and Bench reported.
“We find that FIRs [first information reports] mentioned was registered by state police and there are serious allegations against state/local police,” the legal news outlet quoted the Supreme Court as saying. “We direct NIA to take over the FIRs irrespective of reasons therein.”
The bench added that the agency could register additional FIRs if required and directed that reports be submitted before an NIA court in Kolkata.
“However, before chargesheet is filed, status report shall be submitted before [Supreme Court]...giving report of investigation from time to time,” Bar and Bench quoted the court as saying.
During the hearing, the bench also criticised the state chief secretary and director general of police for allegedly failing to respond to the calls of the Calcutta High Court chief justice when the judicial officers were being gheraoed.
In response, the chief secretary claimed that he did not receive a call from the chief justice and added that he was on a flight to New Delhi between 2 pm and 4.30 pm, Bar and Bench reported.
Kant also noted that the home secretary was also not reachable during the incident.
“The way these officials are being pampered,” Bar and Bench quoted the chief justice as saying. “Please apologise before the [High Court] chief justice and redeem what was done.”
He added: “It was motivated, pre planned and deeply instigating in nature. We also want to see this to the logical end.”
On Friday, Moffakkerul Islam, a lawyer from Uttar Dinajpur, was arrested for allegedly organising the gherao of the judicial officers. He had contested the 2021 Assembly elections as a candidate of the All India Majlis-e-Ittehadul Muslimeen. Police said 35 persons have been arrested so far in the case.
The West Bengal Police is currently functioning under the Election Commission as the Model Code of Conduct is in force ahead of the polls.
West Bengal is also among the 12 states and Union Territories where the special intensive revision of the electoral roll was undertaken.
On February 28, the Election Commission published the final electoral roll for West Bengal, showing that more than 61 lakh voters had been excluded.
However, the process continued with about 60 lakh “doubtful and pending” cases remaining under adjudication based on their objections to their exclusions from the draft rolls published in December.
On February 20, the Supreme Court ordered that judicial officers of the rank of district judge or additional district judge be appointed to help complete the revision exercise in the state.
On March 10, the top court ordered the formation of an Appellate Tribunal composed of former High Court chief justices and judges to hear appeals against exclusions from voter lists in West Bengal.
A person whose claim for inclusion in the electoral rolls has been rejected by a judicial officer can approach the tribunal.
With days to go for the Assembly polls, the Election Commission is yet to physically set up the 19 tribunals it had constituted,
The Election Commission has also published several supplementary voter lists following adjudications.
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