EC allegations on SIR: SC asks Bengal DGP to file affidavit

NEW DELHI: Supreme Court on Monday asked the West Bengal police chief to file a personal affidavit responding to Election Commission's allegation that governing party TMC functionaries were making systematic, deliberate and concerted attempts to "derail, paralyse and frustrate" the special intensive revision (SIR) of electoral rolls.

Though state counsel Menaka Guruswamy strongly refuted the charges, its seriousness was not lost on a bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and N V Anjaria, which also asked Manoj Pant, the former chief secretary-turned principal secretary to CM Mamata Banerjee, to verify whether prompt action was taken based on EC's complaint against those state govt officials deputed for SIR work.




"We hope the state remembers the laws of the land," the bench said, hinting at the primacy of EC during the conduct of elections. Referring to its Jan 19 order directing the DGP, superintendents of police and collectors to maintain law and order at all cost, the bench said, "We, therefore, direct the DGP to file a personal affidavit in response to EC's affidavit. We will take a final call with respect to the power of EC in this regard. Before doing so, we are giving the DGP an opportunity to file an explanation."

It was solicitor general Tushar Mehta who flagged the serious allegations in the EC affidavit detailing deliberate non-cooperation and inaction of the state govt coupled with an obstructionist stance and threats of violence given by TMC functionaries against EC officials. "A strong message must go that the Constitution applies in equal vigour to all states. Constitutional post holders cannot threaten EC officials," he said.

EC counsel D S Naidu told the court that the state govt was not cooperating with it and not heeding its recommendations to act against state officials who committed illegal acts while under deputation to the commission for SIR work.

While asking Pant to verify EC's allegations, SC said, "EC shall be at liberty to replace the state govt officials on deputation for the SIR work but are not performing or acting contrary to instructions."

In its affidavit, EC said, "While SIR is underway in 12 states, a controversy of the present nature where the ruling party in the state is actively involved in causing obstruction and issuing threats to officials is confined only to West Bengal."

"The material placed on record discloses that, through proper planning and concerted action, deliberate and systematic attempts are being made to derail, paralyse and frustrate SIR in West Bengal... Regrettably, this confederacy is not confined to fringe elements. The actions demonstrate complicity of all key actors of the State, including the govt, certain elected representatives of the ruling party, and party functionaries. Every trick in the armoury is being employed to ensure that the SIR process is either stopped or frustrated by fair or foul means," it said.
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