The Supreme Court has taken a serious view of the violence and intimidation faced by seven judicial officers, including three woman officers who are deployed to adjudicate claims in the Election Commission’s SIR process in West Bengal’s Malda district.
Terming the incident a brazen and deliberate attempt to obstruct the administration of justice, a bench led by CJI Surya Kant noted with concern that despite prior intimation, the State authorities failed to act promptly, leaving judicial officers without protection, food, or water for hours.
The Court has issued show-cause notices to senior State officials, including the Chief Secretary, Home Secretary, and Director General of Police, for their inaction.
The Court directed the ECI to requisition and deploy adequate central forces to ensure the safety of judicial officers and the smooth conduct of the SIR adjudication process. It further mandated strict security measures at all venues, limited public entry and ordered immediate assessment of any threat perceptions faced by officers or their families, while requiring compliance reports and the virtual presence of officials at the next hearing.
“We are extremely disappointed to note these developments. Our previous order clearly reflects that judicial officers, who are entrusted with adjudicating the SIR process, must be allowed to perform their duties without fear or obstruction. The incident that took place is brazen and strikes at the very root of the rule of law. It amounts to a direct challenge to the authority of the Court. This was not a spontaneous act but appears to be a well-planned and deliberate attempt to demoralise judicial officers and obstruct the ongoing process of adjudication of objections. We will not permit any individual or group to take the law into their own hands or to create psychological fear in the minds of judicial officers,” the court stated.
“This conduct undoubtedly amounts to criminal contempt of court. It also exposes the failure of the State administration. The conduct of the Chief Secretary, Home Secretary, Director General of Police, Collector, and Superintendent of Police is highly deplorable. Accordingly, we issue show-cause notices to them as to why effective measures were not taken. The Election Commission of India (ECI) is directed to seek the deployment of central forces to protect the judicial officers. Taking cognisance of yesterday’s incident, we further direct that no obstruction or impediment shall be caused to the ongoing adjudication process. We reiterate that this Court shall ensure that the life, property, and family members of the judicial officers are duly protected”, the Court noted.
Taking a serious view, the Court has ordered certain interim directions to ensure protection to judicial officers performing SIR duties :
The Court ordered, “The ECI is directed to requisition adequate central forces and deploy them at all places where judicial officers are conducting SIR adjudication. Adequate security must also be provided at hotels, guest houses, and other places where these officers are presently staying. If any judicial officer or their family members have apprehensions or threat perceptions, the same shall be immediately assessed and appropriate action taken.”
It also said that all other necessary measures required to ensure safety and smooth functioning shall be undertaken by the ECI in coordination with the State Government.
“The Chief Secretary, Home Secretary, and DGP are jointly directed to ensure that not more than 3-5 persons are allowed to enter the premises at a time for filing objections. At no place where SIR adjudication is ongoing shall more than five persons be permitted entry at any given time. The Chief Secretary and DGP shall file a compliance report before the Court,” the Court ordered.
The Collector, Chief Secretary, DGP, District Magistrate, and SSP are directed to show cause as to why appropriate action should not be taken against them in light of the letter received from the Chief Justice of the High Court. They are further directed to remain present (virtually) on April 6, the next date of hearing, it said.
(With inputs from ANI)
Zubair Amin is a Senior Journalist at NewsX with over seven years of experience in reporting and editorial work. He has written for leading national and international publications, including Foreign Policy Magazine, Al Jazeera, The Economic Times, The Indian Express, The Wire, Article 14, Mongabay, News9, among others. His primary focus is on international affairs, with a strong interest in US politics and policy. He also writes on West Asia, Indian polity, and constitutional issues. Zubair tweets at zubaiyr.amin
