The Supreme Court refused to entertain the West Bengal government’s objection to the Election Commission of India imparting training to judicial officers deployed for claims verification in the Special Intensive Revision process, stating that its directions are “clear as daylight” and cannot be overridden.
The Supreme Court on Friday refused to entertain the objections raised by the West Bengal government to the Election Commission of India (ECI) imparting training to judicial officers deployed for claims verification in the Special Intensive Revision (SIR) process in the State.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi stated that the ECI’s training module cannot override the Supreme Court’s orders and that the judicial officers must be trusted.
Senior Advocate Kapil Sibal, accompanied by Senior Advocates Kalyan Bandhopadhyay and Gopal Sankaranarayanan, orally mentioned the matter before the Chief Justice of India on Friday morning.
Sibal submitted that, “Something strange has happened, directions/modalities to the judicial officers have been passed by the Election Commission behind your back after the order of the court.”
Sibal stated that the judicial officers have been given a training module by the ECI specifying which documents should be accepted. He argued that as per the Court’s earlier order, the Chief Justice of the Calcutta High Court was to decide the modalities.
Also read: West Bengal SIR
Chief Justice Surya Kant stated that, “Now don’t doubt our judicial officers, ultimately they will decide.” The Chief Justice clarified that “modalities” meant the logistical arrangements.
The Chief Justice stated that, “Don’t stall the process with small excuses; we cannot hear like this. There has to be an end to this. We passed an order beyond your imagination.”
Justice Bagchi stated that, “Who else other than ECI will give the training. We have made it clear what are the documents to be looked at. Our directions are clear as daylight, they cannot be overridden.”
Sibal submitted that the training module instructs the judicial officers not to accept domicile certificates issued by the Sub-Divisional Officer (SDO). Justice Bagchi responded that, “If our orders cover such a document, it will be looked into.”
Sibal also submitted that even the Chief Secretary of the State was asked to prove credentials and was summoned by the Judicial Magistrate after an ECI notice issued as part of the SIR. Sibal stated that, “Her own voting right was taken.”
The Chief Justice replied that the judicial officers are aware of the Supreme Court’s order and there was no need to make any clarification. The Chief Justice stated that, “Our orders are clear.”
Justice Bagchi observed that, “To the extent where we went, we have almost evacuated the state judiciary.”
The Bench stated that, “We know our judicial officers. They are not to be influenced by anything.” The Bench further stated that, “Our judicial officers understand our orders. It is a completely alien responsibility which we gave to them.”
The Court stated that it had laid down the evidentiary framework to ensure there was no “grey area”. The Bench stated that neither the ECI nor the State government would be permitted to act beyond the Court’s directives.
The Bench stated that, “Ample opportunity we have given to them. Both the State of WB and the Commission have been told by us to make a congenial environment for those judicial officers. Our orders are as clear as the daylight.”
Sibal sought a direction for the publication of supplementary electoral lists as individuals are cleared through the claims and objections process. Addressing the ECI’s counsel, Justice Bagchi stated that, “Please see that supplementary lists are uploaded as and when updated.”
The Court did not issue any express directive on Friday.
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