The Supreme Court on Monday handed over the investigation into the incident with judicial officers in Malda district of West Bengal to the National Investigation Agency (NIA). The incident took place last week in Kalichak village while on special intensive investigation (SIR) duty, where seven judicial officers were held hostage for more than nine hours. The court said that there are serious allegations against the state police, hence an independent agency of the Center should investigate.
A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi took up the matter suo motu. On the basis of the letter from the Chief Justice of Calcutta High Court, the court took immediate action. The incident occurred on April 1, when judicial officers were hearing cases related to voter list amendments.
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serious allegations against the police
During the hearing today, the court saw the preliminary report and decided that there were serious allegations against the state police, hence under Article 142 the court handed over the investigation of 12 FIRs to the NIA. These FIRs were registered by the local police. The court clarified that whether the FIR contains scheduled offenses under the NIA Act or not, the NIA can investigate.
Additional Solicitor General SV Raju said the three incidents were directly related to judicial officers. In one case the officer was prevented from reaching the place, in the other the site was surrounded. Of the total 12 FIRs, nine were related to blockage in nearby places. 24 accused have been identified as troublemakers, including five with criminal history and 24 suspected party workers. A total of 432 people have been identified and their call detail records are under investigation.
The court directed that the local police hand over all the papers, case diaries and evidence to the NIA. Logistical help should also be provided to NIA if needed. The two main accused arrested so far, Mofakerul Islam and Maulana Muhammad Shahjahan Ali Qadri, should be handed over to the NIA and they should be interrogated by the NIA. If new crimes or more people are found involved during the investigation, NIA can register more FIRs.
The investigation report will be filed in the NIA court of Kolkata. Till then NIA will have to give status reports to the Supreme Court from time to time.
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Question on state government
The court made sharp remarks on the state administration. Said that it is the responsibility of the state to maintain law and order, but there was ‘complete failure’ here. There has been ‘conspicuous inaction’ on calls for the High Court’s help to protect judicial officers. The court warned that this incident could be an attempt to influence the electoral process, which could fall under the ambit of criminal contempt.
In an earlier hearing, the court had directed the Election Commission to call central forces for the protection of judicial officers. Immediate steps should be taken to continue the SIR process and for the safety of the officers and their families. Public access should be controlled.
What was the matter?
On April 1, seven judicial officers, including three women, were surrounded at around 3:30 pm at the Kalichak-2 Block Development Office (BDO office). A large crowd surrounded him and released him only after 12 midnight. During this period he was not even given food or water. While they were being evacuated, their vehicles were attacked with stones and bamboo sticks.
The court questioned the role of the state administration. It was said that no specific action was taken till 8:30 pm on the demand for help from the High Court administration. The mobile number of the Chief Secretary did not have WhatsApp facility, due to which there was difficulty in communication. The court described the role of the Chief Secretary, Home Secretary, DGP, District Magistrate and SP as ‘very condemnable’. The court said that this incident seems to be an attempt to intimidate the judicial officers and interfere in the electoral process.
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