The Supreme Court on Tuesday issued notice to the Election Commission of India and the state of West Bengal, after a petition claimed that BLOs (booth-level officers) tasked with voter-list revision under SIR faced obstruction and threats.
The petition, filed by Sanatani Sangsad, sought orders to place state police under ECI deputation until the electoral rolls are finalised. The court also considered a request for deployment of central forces.
During the hearing, senior advocate representing the petitioner argued that "the BLOs should be given protection", pointing to violence and intimidation against those verifying voter lists.
The ECI responded that the law and order machinery is the state's responsibility, and insisted the commission has already written to the West Bengal government seeking assistance. "State government is supposed to cooperate with us and give us protection. If the State Government refuses to do so, then we have no option other than taking the local police under deputation. Unless we take on deputation....if we don't trust the local police, we have to take central forces," he submitted.
Justice Joymalya Bagchi, who along with Chief Justice Surya Kant heard the case, noted that the petition cited only one FIR while other claims were based on "historical references" and termed most of the material "presumptive". He asked whether the situation in the state was truly "so unique" as to warrant a special direction placing police under ECI control, reported Live Law.
"Until and unless the election process commences, the police does not go to the jurisdiction of the Election Commission of India. You request the State. If there is any grievance on that score, you come before us. We will pass appropriate orders,
ECI counsel also dismissed the allegations of BLOs being burdened as a political narrative and said that in several districts, the number of voters per polling booth has been reduced from 1,500 to 1,200 to lessen BLOs' burden. He added that many households are clustered, making verification manageable, and that the strain comes largely from "political interference".
The court, while stating that it was only interested in ensuring that the SIR exercise is conducted without any glitches, said it was not on any political narrative.
"There is one solitary incident of FIR. Can we say this situation is unique and special to West Bengal alone and that there is no obstruction in any other state?" Justice Bagchi asked, adding that the writ petition is filed only based on newspaper reports.
We are sympathetic to your cause. But what we are trying to find out is whether this is a narrative from one end. What we find as forensic evidence of obstruction is only one First Information Report. In this situation, can we say that the state of affairs in West Bengal is so unique that a specific direction should be issued with respect of that State alone? Can all the police in all the States in India be put under the control of the Election Commission of India?" Justice Bagchi observed.
"You first have to pass the threshold of a prima facie case before we call upon the EC to do anything. If (ECI) is conscious of any lack of cooperation by any State, he is at liberty to approach us, and we will pass appropriate directions," Justice Bagchi added.
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