The Supreme Court on Monday ordered the National Investigation Agency (NIA) to take over the probe into the gherao of judicial officers in Malda district on April 1 by those protesting their deletion from the voter list.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipin Pancholi passed the order after noting that there were serious allegations against State Police.
"We are informed that Election Commission entrusted the enquiry to NIA. NIA has filed a preliminary status report in sealed cover. We find that FIRs mentioned was registered by state police and there are serious allegations against state/local police. We direct NIA to take over the FIRs irrespective of reasons therein. Thus, under Article 142 we direct such FIRs to be taken over by NIA irrespective of reasons. 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 Court ordered.
The Court also directed that a status report has to be submitted to the Court from time to time.
"Let the investigation report be submitted before the NIA court in Kolkata. However before chargesheet is filed, status report shall be submitted before this court giving report of investigation from time to time. State/local police is directed to hand over all material to NIA and render all assistance as needed to take the probe to logical end," the Court directed.
Pertinently, the Court also censured West Bengal Chief Secretary and Director General of Police (DGP) for failing to respond to the calls of the Chief Justice of Calcutta High Court when the judicial officers were being gheraoed.
"You are so busy that you cannot take the call of the Chief justice of High Court," CJI Kant said.
"There was no call from any chief justice to me. I had come to Delhi for a meeting. From 2 pm to 4:30 pm, I was in a flight," the Chief Secretary said.
"It would have been very helpful if your number would have been shared with the high court chief justice," Justice Bagchi said.
"It was given but the number is a secure one," the Chief Secretary said.
"Please lower your security a bit so that ordinary minions like the Chief Justice of Calcutta HC can reach you," Justice Bagchi stated sarcastically.
"It is because of your and the police failure that the task was given to judicial officers. What kind of credibility is the West Bengal bureaucracy suffering. Please help in improving the image. You compel us," CJI Kant said.
"That is why the Election Commission of India also could not be given any information," said Justice Bagchi.
"Even Home Secretary was not reachable. The way these officials are being pampered. Please apologise before the Chief Justice and redeem what was done," CJI Kant stated.
"It was motivated, pre planned and deeply instigating in nature. We also want to see this to the logical end," he added.
Even Home Secretary was not reachable. The way these officials are being pampered.
CJI Surya Kant
Seven judicial officers, including three women judges, involved in the SIR of electoral rolls were gheraoed on April 1 for hours in Malda district by those protesting their deletion from the voter list.
The top court then registered a suo motu case titled 'In Re: Safety and Security of Judicial Officers Deputed for Work Relating to SIR of Electoral Rolls in the State of West Bengal and Ancillary Issues'.
During the hearing on April 2, it ordered deployment of central armed forces for the safety of judicial officers.
Additional Solicitor General SV Raju, appearing for National Investigation Agency (NIA), told the Court that three first information reports (FIRs) were lodged
"There are three FIRs. One lady judge was stopped from going to the venue and discharge her duties. One was the gherao incident. Then there is another FIR," Raju said.
"Is this Judicial officer who was (seen) crying on video. Was it her?" the Bench asked.
"Yes," the ASG replied.
"Three FIRs directly concern judicial officers. Nine other FIRs were also registered regarding blockade at various other places. Total there are 12 FIRs which NIA Shall be permitted to probe. 24 people arrested. Identified trouble mongers are 5. 309 party members are there. 432 persons CDR probe is underway. This is not a scheduled offence which NIA can take over," the ASG stated.
"No question of local police probing. Take it over," CJI Kant told
"These FIRs are by the local police?" asked Justice Bagchi.
"Yes," ASG replied.
The Court then proceeded to direct NIA to take over the probe.