West Bengal SIR: Supreme Court orders Appellate Tribunals of former HC judges to hear exclusion appeals

The move follows concerns about the lack of an independent appellate forum

The Supreme Court on Tuesday ordered the creation of Appellate Tribunals made up of former High Court Chief Justices and judges to hear appeals related to exclusions in the special intensive revision (SIR) in West Bengal, according to a report by Live Law. The move follows concerns about the lack of an independent appellate forum.

Previously, the court had directed that judicial officers from West Bengal and neighbouring states handle SIR claims, amid a dispute between the state and the Election Commission of India.

Senior counsel appearing for the petitioners flagged two issues during the hearing. One concerned the absence of an appeal mechanism for individuals whose claims are rejected by judicial officers in the revision process.

The other related to the publication of supplementary lists of persons whose objections have already been disposed of, particularly in view of the large number of objections -- said to be over 10 lakh.

Responding to the first concern, the Court cited its February 24 order clarifying that the decisions of judicial officers cannot be appealed before any executive or administrative forum.

It therefore suggested that the Chief Justice of the Calcutta High Court may invite former Chief Justices and two or three former High Court judges -- preferably from the Calcutta High Court or nearby states -- to serve on Appellate Tribunals, as per the Live Law report. After their names are recommended, the Election Commission of India can notify them to hear appeals arising from the SIR. The Court left the number of members on each tribunal bench to the Chief Justice’s discretion.

In the context of the second issue concerning the publication of supplementary lists of persons whose objections have already been disposed of, the court granted liberty to both sides to approach the Chief Justice of the Calcutta High Court.