Bengal SIR: SC refuses to hear state's objection to ECI training module for judicial officers

The Supreme Court on Friday declined to entertain the West Bengal government’s objections to the Election Commission of India’s (ECI) training module for judicial officers deployed in the Special Intensive Revision (SIR) of electoral rolls in the state, asserting that the officers would remain uninfluenced and guided solely by its orders.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi underscored that its earlier directions were “as clear as daylight” and that there was no scope for confusion over the role assigned to judicial officers in the contentious revision process.

Senior advocate Kapil Sibal, appearing for the West Bengal government, flagged the issue before the bench, alleging that the ECI had acted unilaterally.

“Something strange has happened. While your lordships passed the order that all the modalities will be settled by the chief justice (of the Calcutta High Court) and the committee, what they have done is, behind the back, they have issued directions to the judicial officers and issued a training module saying this is what they should accept and this is what they should not accept,” Sibal told the court.

The bench, however, appeared unmoved by the concern, making it clear that judicial officers would exercise their own judgement. “We can't hear like this. There has to be an end to it,” the CJI observed, adding that those assigned to the task would “take a call” independently.

Referring to the court’s 20 February order, Sibal argued that the modalities for the exercise were to be determined by the Chief Justice of the Calcutta High Court. The bench responded that modalities pertained to the logistical framework of the process and cautioned against attempts to derail the exercise.

“Modalities means the arrangements for this entire process that is to be undertaken. Please don't make little excuses and stall everything,” the court said.

Reiterating its confidence in the judiciary, the bench noted, “We know our judicial officers. They are not to be influenced by anything.” It further stressed that the documentation to be examined during the SIR process had already been clearly specified to avoid ambiguity.

“Our judicial officers understand our orders. It is a completely alien responsibility which we gave to them,” the bench said, noting that it had laid down the evidentiary framework precisely to ensure there was no “grey area”.

When another counsel pointed out that judicial officers in Kolkata were being trained by the poll panel, the bench responded pointedly: “Who else will give the training?” It added that neither the ECI nor the state government would be permitted to act beyond the court’s directives.

Sibal also sought a direction for the publication of supplementary electoral lists as individuals are cleared through the claims and objections process. Counsel for the ECI assured the court that such updates would indeed be issued.

The developments come against the backdrop of an ongoing tussle between the West Bengal government and the ECI over the SIR exercise. On 20 February, expressing dismay over the impasse, the Supreme Court had issued what it described as an “extraordinary” direction to deploy serving and retired district judges to assist in the revision process.

Subsequently, on 24 February, the court permitted the deployment of West Bengal civil judges alongside 250 district judges and authorised the requisitioning of judicial officers from Jharkhand and Odisha to process nearly 80 lakh claims and objections from individuals facing potential deletion from the electoral rolls.

The court had earlier asked the chief justice of the Calcutta High Court to make judicial officers available and identify former judges for the task after taking note of the state government’s reluctance to spare sufficient grade ‘A’ officers.

It also cleared the way for the ECI to publish the final electoral roll on February 28, while clarifying that supplementary lists may continue to be issued as the verification process progresses.

With PTI inputs