SC: No Block To SIR In Bengal, Extends Deadline Till Feb. 14

A three-judge Bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and N.V. Anjaria, said it would issue all necessary directions or clarifications to ensure the exercise proceeded smoothly.

“We will not allow anyone to create any impediment in the SIR exercise. It must be clear to the States,” the CJI observed.

The court was hearing a batch of petitions, including one filed by Mamata Banerjee, challenging aspects of the SIR process in West Bengal.

Taking note of the state’s submission that 8,505 Group-B officers had been identified for deployment in the SIR exercise, the court extended the deadline for verification of documents submitted by affected persons, observing that additional time would assist electoral registration officers (EROs) in taking appropriate decisions.

In its additional affidavit, the Election Commission alleged that deliberate and systematic attempts were being made to derail the SIR exercise in the state. It cited incidents of violence, including alleged burning of official notices, and submitted that no FIRs had so far been registered in this regard.

The Bench directed that the 8,505 Group-B officers be trained and deployed for the SIR process and ordered them to report to the respective district electoral officers or EROs by 5 pm on Tuesday. It said the Commission would have the discretion to replace existing EROs or assistant electoral registration officers, subject to suitability.

The court also permitted the Commission to shortlist officers from the list to function at par with micro-observers after examining their bio-data and work experience. These officers, the Bench said, should be given short-duration training before being deployed to assist EROs and AEROs. It clarified that final decisions on electoral roll revisions would rest solely with the EROs.

The court issued a show-cause notice to the DGP, West Bengal, directing him to file a personal affidavit on the Election Commission’s allegations of violence and burning of notices. The state government, however, denied the allegations.

Appearing for the Centre, Solicitor General Tushar Mehta said the Commission’s affidavit showed serious concerns and asserted that constitutional provisions applied uniformly to all states.

Senior advocate Shyam Divan, appearing for Banerjee, raised concerns over the appointment of micro-observers and possible mass exclusion of eligible voters. He said the state had already provided the list of 8,505 officers with full details to the Commission and assured the court that they could report for duty immediately.

Referring to its earlier order of January 19, the Supreme Court reiterated that the DGP, district superintendents of police and district collectors were duty-bound to ensure law and order and facilitate the smooth conduct of the SIR process.

The court also declined to entertain submissions questioning Banerjee’s personal appearance before it earlier this month, with the CJI cautioning against politicising the issue.

The matter has been posted for further consideration, with the court issuing additional directions to streamline the SIR exercise and address concerns raised during the hearing.