‘Don’t dare question judicial officers’: SC warns West Bengal govt, ECI over SIR

The Supreme Court on Tuesday (March 10) issued a stern warning to the West Bengal government, the Election Commission of India (ECI), and the petitioners against casting doubts on the judicial officers appointed to verify voters whose names were removed during the Special Intensive Revision (SIR) exercise in the state.

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A bench led by Chief Justice Surya Kant observed that the court-appointed judicial officers handling appeals from voters whose names had been deleted from the electoral rolls were already working beyond regular hours and should not have their integrity questioned.

SC backs judicial officers

“Don't even dare to question the Judicial Officers!...What more sacrifice do you want from them? They are working overtime to hear the cases of deleted voters from West Bengal! I will not tolerate this!” the Chief Justice reprimanded the petitioners during the hearing.

The court also instructed the Election Commission to address the concerns raised by the Chief Justice of the Calcutta High Court regarding the voter revision process.

Expressing strong displeasure over a fresh application that sought to question the decisions taken by the court-appointed judicial officers, Chief Justice Surya Kant made it clear that their rulings must be respected.

The Supreme Court further directed the Election Commission and the Mamata Banerjee government to provide adequate logistical and administrative support to the judicial officers dealing with these appeals.

During the proceedings, the Chief Justice also voiced concern over the conduct of both sides in the dispute. “We are doubting the bona fides of both sides,” he remarked, asking the parties to clarify who had filed the new plea challenging the judicial officers.

Court orders appellate tribunals

The court’s sharp remarks followed submissions by Senior Advocate Menaka Guruswamy and Trinamool Congress MP and lawyer Kalyan Banerjee, who appeared for the petitioners and said they were unaware of any fresh petition raising such issues.

In a fresh order, the apex court on Tuesday directed that appellate tribunals comprising former High Court Chief Justices and retired High Court judges be set up to hear appeals against exclusions made during the West Bengal Special Intensive Revision (SIR) process, after concerns were raised about the lack of an independent appellate mechanism. Voters whose claims are rejected by judicial officers can approach this tribunal.

This directive follows earlier orders of the court under which judicial officers from West Bengal as well as neighbouring states such as Odisha and Jharkhand were assigned to decide SIR claims, amid allegations and counter-allegations between the state government and the Election Commission.

The latest direction came after senior counsel representing the petitioners highlighted the absence of any appellate remedy for individuals whose claims were rejected by the judicial officers during the revision exercise.

SC outlines appeal process

The court clarified that the orders issued by the judicial officers would not be open to appeal before any executive or administrative authority.

Also read | No eligible voter’s name to be removed; Bengal polls to be free, peaceful: CEC

In this context, the court said that the Chief Justice of the Calcutta High Court may request some former Chief Justices and two or three retired High Court judges, preferably from the Calcutta High Court or neighbouring states, to serve as members of the appellate tribunals.

After their names are recommended, the Election Commission may formally notify them as Appellate Tribunals to hear appeals arising from the SIR process.

The petitioners have further raised concerns regarding the publication of supplementary lists of individuals whose objections have already been disposed of, particularly given the large number of objections reportedly exceeding ten lakh. Addressing this issue, the court granted liberty to both sides to approach the Chief Justice of the Calcutta High Court for appropriate directions.