The has directed the (NIA) to take over investigation into the April 1 incident in where several judicial officers were allegedly gheraoed during protests linked to removal of names from electoral rolls. The Court invoked its extraordinary powers under and ordered transfer of FIRs from the State police to the central agency, citing serious allegations regarding the conduct of local authorities.
During the hearing, Chief Justice of India sharply criticised the response of senior State officials, remarking:
You are so busy that you cannot take the call of the Chief Justice of High Court.
The matter is being heard in .
Supreme Court Transfers Probe to NIA
A Bench comprising Chief Justice Surya Kant, Justice and Justice directed that the FIRs registered by the State police in connection with the incident be taken over by the NIA irrespective of their stated scope or limitations.
The Court observed:
We direct NIA to take over the FIRs irrespective of reasons therein… NIA shall be at liberty to register more FIRs if the offence illustratively referred to in our order has involvement of other persons for different consideration.
The agency has also been directed to submit periodic status reports before the Court.
Incident Involved Confinement of Judicial Officers
The Court took note of a communication from the Chief Justice of the detailing events at Kaliachak in Malda district, where seven judicial officers, including three women, were allegedly confined inside a Block Development Officer (BDO) office from approximately 3:30 PM until after midnight.
According to the report placed before the Court:
- the officers were denied food and water during confinement
- their vehicles were attacked with stones and bamboo sticks during evacuation
- assistance requests from High Court authorities received delayed response from State administration
The Bench recorded that intervention from the State machinery came only around 8:30 PM despite the seriousness of the situation.
Court Criticises Conduct of Senior State Officials
The Supreme Court expressed strong displeasure over the conduct of senior administrative and police officials, including:
- the Chief Secretary
- the Home Secretary
- the Director General of Police
- the District Magistrate
- the Superintendent of Police
The Court described their response as “highly deplorable” and indicative of failure to ensure protection of judicial officers performing official duties.
The Bench also noted that the Chief Secretary could not be contacted promptly during the emergency because he had not provided a mobile number with WhatsApp capability, which hindered urgent communication with the High Court administration.
Possible Attempt to Intimidate Judicial Officers: Supreme Court
During oral observations, the Court indicated that the incident appeared to be a deliberate attempt to intimidate judicial officers engaged in work relating to electoral roll supervision.
The Bench warned that such conduct could amount to criminal contempt of court and interfere with the administration of justice as well as the electoral process being monitored under judicial directions.
The Court further observed that the events reflected a serious breakdown of law and order in Malda district.
Notices Issued to Senior State Authorities
The Supreme Court issued notices to senior officials of the directing them to explain why action should not be initiated against them for failure to ensure security of judicial officers.
The officials were directed to appear before the Court via video conference.
The Bench also emphasised the institutional importance of protecting judicial officers performing statutory duties in connection with electoral roll revision.
Election Commission Directed to Deploy Central Forces
To ensure continuation of the Special Intensive Revision (SIR) process of electoral rolls, the Court directed the to requisition adequate central forces and deploy them at locations where judicial officers are carrying out adjudicatory responsibilities.
The Court further directed:
- assessment of threats to judicial officers and their families
- immediate implementation of remedial security measures
- regulation of public access to adjudication sites
These directions were issued to ensure uninterrupted discharge of official responsibilities by judicial officers.
Court Flags Political Polarisation in West Bengal
In oral remarks during the hearing, the Bench observed that the situation reflected a highly polarised political climate in the State and indicated that such conditions required careful institutional response to safeguard judicial independence and electoral supervision processes.
The Court reiterated that intimidation of judicial officers performing statutory duties cannot be tolerated under any circumstances.
Independent Investigation Ordered in Public Interest
Observing that serious allegations had been raised against local police authorities, the Court concluded that investigation by an independent central agency was necessary to ensure credibility and transparency.
By directing the NIA to take over the FIRs under Article 142, the Supreme Court underscored the constitutional importance of safeguarding judicial officers engaged in election-related functions.
Further proceedings in the matter are expected after submission of status reports by the NIA and responses from State authorities.
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