CJI defends judicial officers in Bengal SIR, warns against ‘baseless’ allegations: ‘Won’t tolerate’

Chief Justice of India Surya Kant

Chief Justice of India Surya Kant on Tuesday made strong remarks during the hearing of the West Bengal Special Intensive Revision (SIR) case, saying unauthorised persons or intruders cannot be included in the electoral process.

According to News18, Kant said judicial officers are supervising the exercise and assured that all genuine voters would be included. He said he was irked by aspersions being cast on judicial officers overseeing the process.

“As CJI, I will not tolerate this. I am issuing a stern warning,” he said, stressing that the integrity of judicial officers should not be questioned without basis.

The Chief Justice added that such petitions send the wrong message about a lack of faith in the system. In strong words, he remarked, “Now this game starts… It concerns 52 lakh people. This is a premature petition.”

The top court also directed that Calcutta high court chief justice Sujoy Paul may constitute a special bench. It would comprise sitting or former judges to hear appeals against decisions made during the SIR process.

Earlier, the top court had allowed deployment of district judges and civil judges of West Bengal in the ongoing SIR process.

It also asked the West Bengal government and the Election Commission to provide all logistical support to judicial officers in the ongoing SIR of electoral rolls.

The bench noted that the judicial officers so far have dealt with 10.16 lakh objections and claims of those facing deletion from the electoral rolls by the evening of March 9.

“The ECI shall not introduce any mandatory requirement that could disrupt the process unless approved by the Chief Justice of the Calcutta High Court,” it directed. “Technical issues affecting the online portal must be promptly resolved."

The bench said new login IDs for judicial officers be created promptly to ensure smooth revision of electoral rolls. It also said that decisions of the judicial officers cannot be examined in appeals by any administrative officers of the Election Commission.

It said the chief justice of the Calcutta High Court may request some former high court chief justices and two or three former high court judges, preferably from the Calcutta High Court or neighbouring states, to serve on the appellate tribunals.

Once recommended, the Election Commission will have to notify them as Appellate Tribunals to hear such appeals.

The number of members on each bench has been left to the discretion of the Calcutta High Court chief justice.

During the hearing, a few senior advocates raised two concerns that there was absence of an appellate mechanism for individuals whose claims were rejected by the judicial officers, and the publication of supplementary lists of voters whose objections have already been disposed of, particularly in light of the large number of objections reportedly exceeding 10 lakh.

Referring to its order of February 24, the bench reiterated that orders passed by judicial officers could not be appealed before any executive or administrative authority.

The CJI, however, said that the chief justice of the high court will create an independent appellate forum consisting of retired judges.