SC Orders Deployment of Judicial Officers for West Bengal SIR

The apex court ordered deputation of judicial officers for adjudication of claims and objections of persons put under the logical discrepancy list, as it allowed the Election Commission to publish the draft list of voters in West Bengal on February 28. Making it clear that a supplementary list can also be issued later, the top court asked Calcutta high court chief justice to spare judicial officers and find former judges to assist in the SIR process in the state.
A three-judge bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi asked the Calcutta high court chief justice to hold a meeting with the stakeholders, including the chief secretary, DGP and officials from the poll panel, to remove the stalemate and complete the SIR exercise.
The top court said: "The circumstances being extraordinary, the entrustment of work to judicial officers and former judicial officers is also extraordinary." The top court underscored that if there is non-cooperation, then it will ask the poll body to deploy officials from other states.
The order came after hearing a clutch of pleas challenging the SIR process in West Bengal, during which the top court issued a slew of fresh directions to ensure completion of the SIR exercise in the state.
The Supreme Court ordered deputation of judicial officers for adjudication of claims and objections of the persons who are put under the logical discrepancy lists and facing removal of their names from the electoral rolls. Logical discrepancies in progeny linking with the 2002 voter list include instances of a mismatch in the parent's name and the age difference between a voter and their parent being less than 15 years or more than 50 years.
Taking serious note of the state government not sparing enough grade 'A' officers for the SIR exercise, the top court asked Calcutta high court Chief Justice Sujoy Paul to spare some judicial officers and find former judges to assist in the electoral roll revision work.
It asked Chief Justice Paul to convene a meeting on Saturday to be attended by the chief secretary, DGP, EC official, advocate-general of the state, additional solicitor-general of the Union and the registrar-general of the high court on the issue of finalising modalities of deputing judicial officers in the SIR process.
In its order, the apex court said, "In order to ensure fairness in the adjudication of the genuineness of the documents and consequential inclusion/exclusion in the voters list, and as agreed to by both sides, we are left with hardly any other option but to request the Chief Justice of the Calcutta high court to spare serving judicial officers along with some former judicial officers in the rank of additional district judge and district judges who can then be requested to revisit/dispose of the pending claims under the category of 'logical discrepancy'."
Notwithstanding the vehement objections of the state government, the top court permitted the poll panel to publish a final list of voters in the state by February 28, the deadline fixed earlier. It noted that no prejudice will be caused to anyone if supplementary voter lists are issued after February 28, as names of electors can be included till the last date of filing of nomination papers for the elections.
Appearing for chief minister Mamata Banerjee, senior advocate Shyam Divan alleged that the orders passed by the electoral roll officers are now being scrutinised by a "new species of officers" called the “special roll officers”. "The ‘special roll officers’ cannot trump EROs. How can they, on a wholesale basis, reject what ERO has done?" Divan asked.
Refuting Divan’s contention, the poll panel said that the SROs have been there since inception. The top court concurred with the Election Commission’s submissions.
Senior advocate Kapil Sibal, representing the West Bengal government, said that there might be a law and order problem if the poll panel is permitted to publish the final voter list by February 28.
Seeking to balance equity, the top court said such judicial officers/former judicial officers, while adjudicating the claims and objections, shall be assisted by the poll panel's micro-observers and also by the officers of the state government.
Appearing for the Election Commission, senior advocate D.S. Naidu raised the issue of non-cooperation and law and order enforcement, alleging that the documents have been torn apart by miscreants and yet hardly any action has been taken.
Naidu produced the statements made by different political functionaries against the poll officials and said no FIRs were registered against anyone.
After perusing the statements, the CJI said: "Unfortunately, during the election such irresponsible statements are being made. If no action is taken, the DGP will face the consequences."
The top court directed district collectors and superintendents of police of the state to provide logistical support and security to the judicial officers deputed for the ongoing SIR work. It also directed the DGP to file an affidavit on the steps taken on complaints regarding threats to officers involved in the SIR process.
Making it clear that orders passed by judicial officers will be deemed as orders of court, the apex court said the collector and SPs will be considered under deemed deputation for the purpose of ensuring compliance with directions that may be issued from time to time by the court.
The top court directed the Calcutta high court chief justice to evolve some alternate interim arrangement for shifting matters requiring urgent relief to other courts for 10 days.
The apex court had on February 9 made it clear to the states that it will not allow anyone to create any impediment in the completion of the SIR exercise and directed the West Bengal DGP to file an affidavit on the poll panel’s allegation of burning of its notices by miscreants.