On Monday, the Supreme Court mandated that the National Investigation Agency (NIA) take charge of the investigation concerning the gherao of judicial officers in Malda, West Bengal. This incident involved protests against alleged mass voter deletions during the electoral roll's special intensive revision.
The bench, led by Chief Justice Surya Kant, highlighted the serious allegations against the state police while issuing this order.
The event unfolded on April 1, when a group of demonstrators held seven judicial officers, including three women, captive for several hours. Their vehicles were attacked with stones as they attempted to return home. They were eventually freed after the intervention of Calcutta High Court Chief Justice Sujoy Paul.
The following day, the Supreme Court instructed the deployment of central forces to ensure the safety of judicial officers involved in the electoral roll revision process.
This revision is crucial as it precedes the Assembly elections scheduled for April 23 and April 29, with vote counting set for May 4.
During the proceedings, the court acknowledged that the Election Commission had requested an NIA inquiry, which had already submitted a preliminary report in a sealed envelope.
The Supreme Court noted that the FIRs filed were by the state police and emphasized the serious allegations against them. The court directed the NIA to take over these FIRs, regardless of the reasons provided.
The bench also stated that the NIA could file additional FIRs if necessary and must submit reports to an NIA court in Kolkata.
Before any charges are filed, the NIA is required to present status reports to the Supreme Court, detailing the investigation's progress.
During the hearing, the bench criticized the state chief secretary and the director general of police for their lack of response to the Calcutta High Court chief justice during the gherao incident.
The chief secretary defended himself, claiming he was on a flight to New Delhi during the incident and did not receive any calls from the chief justice.
Chief Justice Kant remarked on the apparent negligence of these officials, urging them to apologize to the High Court chief justice and rectify their actions.
He described the incident as premeditated and deeply instigating, expressing a desire to see the matter resolved thoroughly.
On Friday, Moffakkerul Islam, a lawyer from Uttar Dinajpur, was arrested for allegedly orchestrating the gherao of the judicial officers. He had previously contested the 2021 Assembly elections as a candidate for the All India Majlis-e-Ittehadul Muslimeen. So far, police have arrested 35 individuals in connection with this case.
The West Bengal Police is currently operating under the Election Commission's oversight due to the Model Code of Conduct being in effect ahead of the elections.
West Bengal is one of 12 states and Union Territories undergoing a special intensive revision of the electoral roll.
On February 28, the Election Commission released the final electoral roll for West Bengal, indicating that over 61 lakh voters had been excluded.
However, the process continues, with approximately 60 lakh cases still pending adjudication based on objections to their exclusions from the draft rolls published in December.
On February 20, the Supreme Court ordered the appointment of judicial officers of the rank of district judge or additional district judge to assist in completing the revision process in the state.
On March 10, the court also mandated the formation of an Appellate Tribunal consisting of former High Court chief justices and judges to address appeals against exclusions from voter lists in West Bengal.
Individuals whose claims for inclusion in the electoral rolls have been denied by a judicial officer can appeal to this tribunal.
With the Assembly elections approaching, the Election Commission has yet to physically establish the 19 tribunals it has constituted.
Additionally, the Election Commission has published several supplementary voter lists following adjudications.
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