Thread by @barandbench

West Bengal SIR case mentioned

Sr Adv Kapil Sibal: I got a report from the Telegraph now

CJI Surya Kant; I don't want to politicise it. But we got reports since 2 am. 5 pm they gheraoed the officers and till 11 pm there was no one

Sibal: it is unfortunate.

Sr Adv Menaka Guruswamy: Most of the officers have been transferred out of the state

#SupremeCourt @MamataOfficial

Sr Adv DS Naidu: Earlier judicial officers were being threatened. Now it is becoming physical. If its mobocracy no one can help

Justice Bagchi: Top most civil servant was contacted by the Chief justice of high court. It makes no good case by saying we are not associated. All leaders need to condemn this in one voice. We are here to protect the special officers. Their orders are deemed to be orders of our court

SG: now state cannot be entrusted with the security of judicial officers.

Justice Bagchi: we leave it to ECI to get forces from anywhere and ensure security of judicial officers.

Sr Adv Sankarnarayanan: These villagers are.sayonf they will continue to protest...we will all co-operate. CAPF or anything.

SG: This is unacceptable and is an affront to the majesty of rule of law.

Justice Bagchi; This completely dilutes our order. They need to complete the verification within scheduled time.

Order: CJI: we have received a letter on April 2 from Calcutta HC Chief justice.

CJI: before that, yesterday night, some of us through WhatsApp messages were informed that 7 judicial officers including 3 women were gheraoed by some anti social elements in Kalia chowk area of malda district. Gherao started at 3:30 pm. Registrar general informed administrative authority and requested immediate action. Nothing was done till 8:30 pm. Then home secretary was contacted, and DGP in group call with HC Chief justice. An assurance was given for early action. But no tangible action was taken.

CJI: Then CJ in his letter pointed that neither district magistrate nor Superintendent of police reached. CJ had to call DGP and home secretary

CJI: eventually home secretary and DGP reached residence of CJ of Calcutta HC. Senior Judges were also in touch with CJ. Finally judicial officers were relieved after 12 am. When they were released midnight and they were going to their places, there was stone pelting on their vehicles and attack by sticks etc. District judges were also briefed by CJ to complete the work on time. Judicial officers gave positive response.

CJI: HC CJ says this incident will have a chilling effect on the judicial officers. We are extremely disappointed to note the penultimate para of the letter by CJ. He says of chief secretary cannot be contacted and his number was not there for WhatsApp message. Our earlier order stated that duty entrusted to judicial officers for adjudicating objections in SIR process ...

CJI: This incident is a brazen attempt not only to browbeat judicial officers but also challenges authority of this court. It was not routine incident but appears to be calculated, motivated move to demoralise the judicial officers and stop the ongoing process of adjudicating of objections in left out cases. We will not allow anyone to interfere and take law in their hands in order to create psychological attack on mind of judicial officers and constituted criminal contempt. This is also an abdication of duty by West Bengal govt and the officers need to furnish reasons why even after being informed did the officers not ensure safe evacuation of the officers.

CJI: it was imperative for the state govt to inform ECI and seek deployment of central forces and seek safety of the judicial officers.

Sr Adv Gopal Sankarnarayanan: This is not acceptable and the officers must furnish the personal affidavit.

Sr Adv Menaka Guruswamy: these are your officers Mr Naidu. I hope the conference is going well.

Sr Adv Naidu: these officers were held hostage and attempt to derail the process.

CJI: We direct:

ECI to deploy central forces for the safe working of judicial officers

ECI to also deploy forces at the residence of such officers

If any judicial officer has any apprehension regarding threat family such threat perception to be immediately assessed and immediate measures to be taken.

ECI and state govt are directed to take all remedial measures for the safe functioning of the task entrusted to the judicial officers

Home secretary, DGP, district magistrate and all police officials are directed to ensure that not more than two or three persons shall be allowed to enter to file objections or when hearing takes place and not more than 5 shall be allowed to assemble. Adequate measures to be taken.

Chief secretary , DGP, and the state chief electoral officer are directed to submit a compliance report.

The chief secretary, DGP, District magistrate and SSP are show caused to show why action should not be taken in light of the letter recieved from CJ of Calcutta HC

All these officers are directed to remain present online on April 6, 4 pm

CJI: we also direct ECI to entrust the enquiry /Investigation into yesterday's incident to either the CBI or NIA. The compliance report shall be submitted to this court. The agency shall be obligated to submit a preliminary enquiry report directly to this court.

AG Kishore Datta: ECI should not be acting as an adversary in this matter

CJI: unfortunately in your state each one speaks political language and this is the most polarised state. You are forcing us to make observations. Do you think we are not aware of who are the miscreants? I was monitoring everything till 2 am. Very very unfortunate

Sibal: I request to omit the word complete breakdown of law and order.

CJI: we were only in that area..

Justice Bagchi: we have taken note of this submission and we will take care of it

Sr Adv Naidu: this is the naked truth.

Sr Adv Kalyan Banerjee: this is absolutely unacceptable what has happened

Naidu: everybody wants to be a saint now

Banerjee: everyday election commission is making provocative statements.. this is the failure on part of the election commission. They chose their own man and aiffered

Naidu: Just because HC did not yield to illegal demands.. they resorted to all this.

Banerjee: we are not like you Mr Naidu. Not like you.

Hearing ends