Supreme Court’s sharp comments on West Bengal administration in the case of siege of judicial officers

The Supreme Court has strongly commented on the state administration regarding the incident of gherao of judicial officers in Malda district of West Bengal and has handed over the investigation of the case to the National Investigation Agency (NIA). The court termed the incident as “motivated, pre-planned, and deeply provocative” and said it required a thorough investigation.

A bench led by Chief Justice Surya Kant, and also comprising Justices Joymalya Bagchi and Vipul M Pancholi, said during the hearing that the FIR lodged by the state police contained serious allegations. The court directed under Article 142 of the Constitution that all relevant FIRs be handed over to the NIA, irrespective of the reasons for their registration.

The court said, “We are informed that the Election Commission has handed over the investigation to the NIA. The NIA has filed a preliminary status report in a sealed cover. We find that the aforesaid FIRs were lodged by the State Police, and there are serious allegations against the State/Local Police. We direct the NIA to take over the investigation of these FIRs, irrespective of the reasons. Therefore, under Article 142, we direct that the NIA, for reasons “Irrespective of whether other persons are involved in the crime referred to in our order, the NIA will be free to register further FIRs for different purposes.”

Also, instructions have been given to submit the investigation report to the special NIA court in Kolkata. However, before filing the charge sheet, status reports will have to be presented to the Supreme Court from time to time. The state police has been ordered to hand over all the evidence to the NIA and cooperate fully in the investigation.

During the hearing, Solicitor General Tushar Mehta told the court that “A female judicial officer was held hostage. He crying She was there and was saying that if anything happens to me, please take care of my family.Additional Solicitor General S V Raju said the incident revealed several serious aspects in which officers were prevented from discharging their duties.

The bench also raised questions on the role of the West Bengal Director General of Police (DGP) and the Chief Secretary. Taking a strong note, the court said that when attempts were made to contact the Chief Justice of the Calcutta High Court, senior state officials were not available. On this, Justice Kant made a sharp comment and said, “You are so busy that you cannot even answer the call of the Chief Justice of the High Court.”

Justice Bagchi further said, “It would have been very helpful if your number had been shared with the Chief Justice of the High Court.” To this the senior officer replied, “The number was given, but it is confidential.” However, the Chief Justice hit back, saying, “Please lower your security a bit so that even common people like the Chief Justice of the Calcutta High Court can approach you. It is because of your and the police’s failure that this work has been entrusted to the judicial officers. How much is the credibility of the West Bengal bureaucracy being damaged? Please help in improving the image. It is you who are forcing us.”

Earlier, the court had directed to conduct investigation in this matter by CBI or NIA and asked to present the preliminary report directly in the court. Under this, the Election Commission of India handed over the investigation to NIA.

In the backdrop of the incident, on April 1, a mob had held seven judicial officers hostage for about nine hours in Kaliachak-II area of ​​Malda district. These officers were deployed there to check the documents under Special Revision (SIR) of the voter list. The mob not only surrounded them but also tried to stop their vehicles and pelted stones. After a lot of efforts, central forces and police rescued the officers late in the night. However, during this period, National Highway-12 was also blocked, due to which connectivity between North and South Bengal was affected.

The court ordered virtual appearance of the state Chief Secretary, Home Secretary, DGP, Malda District Collector and SSP to explain their failure to ensure security of judicial officers. Additionally, the bench also ordered the Election Commission of India to deploy central forces for the security of these personnel.

Now the next hearing of this entire case has been scheduled on April 13, in which the Supreme Court will keep an eye on the progress of the investigation.

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