Supreme Court Demands Action to Protect Electoral Officers in West Bengal

The Supreme Court of India has urged the Election Commission and the central government to address urgent concerns regarding the safety of booth level officers (BLOs) during the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal. This directive follows reports of threats and intimidation faced by these officials, prompting a petition for the deployment of Central Armed Police Forces (CAPF) to ensure a secure environment for the electoral process.

In a session held on December 5, 2023, a bench consisting of Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed grave concern over the situation. “We cannot allow the law to be taken into someone’s hands,” Chief Justice Kant stated, emphasizing the need for immediate action. The court issued notices to the Election Commission and the central government, represented by the Attorney General, to respond to the petition.

The proceedings began when senior counsel Rakesh Dwivedi, representing the Election Commission, informed the court that the offices of the Chief Electoral Officer and District Electoral Officer had been besieged. Dwivedi insisted, “We have the powers and we will act,” to which Chief Justice Kant responded, “Yes, you have to … else there will be anarchy.” The Chief Justice characterized the unfolding events as “very serious,” aiming to ensure that the SIR proceeds without disruption.

The court also highlighted the necessity of protecting the BLOs to facilitate the electoral process. “Bring to our notice instances of lack of cooperation, hindrances to the work of BLOs, and we will pass appropriate orders,” the bench instructed Dwivedi. In this context, it was noted that there was only one First Information Report (FIR) on record relating to the incidents, prompting the court to question the Election Commission’s assertion of a widespread threat.

Dwivedi further explained that the state governments are expected to cooperate and provide adequate protection. Should the state fail to fulfill this obligation, he indicated that the local police could be put under deputation, and if necessary, central forces would be deployed. Nevertheless, Justice Bagchi pointed out that the Election Commission could not assume control over the police until the election process officially begins.

The bench requested that the Election Commission appeal to the state for additional police forces. Justice Bagchi remarked, “One solitary instance of an FIR… Can it be stated that it is unique to West Bengal only?” This led to discussions around whether the situation warranted a similar response in other states as well.

On behalf of the petitioner, Sanatani Sangsad, senior counsel V Giri alleged that threats and violence against BLOs and other officials engaged in the SIR were prevalent, seeking assurances from the Election Commission regarding their protection. The Supreme Court made it clear that it was not interested in a blame game between political factions, focusing instead on the operational integrity of the electoral process.

In related matters, the Supreme Court declined to extend the deadline for the submission of enumeration forms in the ongoing SIR of electoral rolls in Kerala. The case has been deferred until December 18, 2023, when the court will determine whether further extensions are necessary.

As the electoral process continues, the emphasis remains on ensuring that all officials involved can operate within a safe environment, free from intimidation, thereby upholding the integrity of the democratic process in West Bengal and beyond.