SC refuses to set deadline even as Bengal flags 20L exclusions after SIR review
As the state's election clock ticks, the apex court seeks to freeze the voter list and leaves the fate of lakhs of excluded names to 19 tribunals headed by former HC judges
The Supreme Court was informed on Monday (April 6) that approximately 55 per cent of the 60 lakh individuals whose names were deleted from the electoral rolls in poll-bound West Bengal remain excluded, even after the judicial officers assigned for the Special Intensive Revision (SIR) in the state made adjudication of claims and objections.
The apex court, however, declined to impose any deadline for appellate tribunals to resolve the appeals.
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The submission was presented by Senior Advocate Shyam Divan before a Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipin Pancholi.
It was done during the proceedings concerning petitions that contest the legality of the current SIR in the state.
“Out of these 60 lakh cases, available data of 40 lakh cases indicates that the inclusion rate is about 55 per cent, which is 24 lakhs and the exclusion rate is 45 per cent, which is 20 Lakh. The rejection rate appears to be very high despite the judicial safeguards… These were mapped individuals. Almost 7 lakh have already filed, and several lakh appeals are in process of being filed. Appellate tribunals are yet to be fully operational,” Divan, who appeared for Chief Minister Mamata Banerjee, said, according to a report by Bar and Bench.
Senior Advocate Kapil Sibal, representing Bengal, stated that the appellate tribunals should issue interim orders for individuals who are prima facie determined to have been incorrectly excluded. The court did not oblige.
Elections too close now, says SC
Justice Bagchi stated it was time to freeze the electoral list since the elections are not far off. The first phase of Bengal’s two-phase election will take place on April 23, while the second and the concluding one is scheduled for April 29.
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“Tribunals will go on hearing, and we do not want to rush it, but we need to freeze the list somewhere. One layer of adjudication is done by the judicial officers. Appellate process can take a month or even 60 days, but just because they are mapped does not mean...” the judge said, the Bar and Bench report added.
The apex court stated that the 19 appellate tribunals consist of former chief justices and judges, and therefore, it would leave the call to them.
“We will leave it to the appellate tribunals,” CJI Kant said.
The court also said that a committee should be established to develop a procedure for handling the appeals.
central forces will remain in state: SC
Earlier, observing that the central forces will remain deployed, keeping in mind the recent incidents in the state, the Supreme Court said around 60 lakh claims and objections of those removed from voters' lists in the ongoing SIR of electoral rolls in the state will be decided during the day.
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The bench also directed the Chief Justice of the Calcutta High Court to constitute a three-member panel of former senior judges to frame uniform procedures for the tribunals.
The panel has been asked to finalise guidelines by Tuesday (April 7) to ensure expeditious disposal of appeals.
The court also expressed concern over reported threats and obstruction faced by judicial officers during the revision process and warned that if state machinery fails to ensure safety, it would consider appropriate measures.
(With agency inputs)