‘Law & order breakdown’: SC slams gheraoing in Bengal

NEW DELHI: Taking strong exception to the attack on judicial officers complying with its order to adjudicate objections regarding exclusion from voter list in West Bengal’s Malda district, Supreme Court on Thursday said there is breakdown of law and order in the state and issued show-cause notice to the chief secretary, DGP, district magistrate and SP to explain why action should not be taken against them.

SC said it was a “deliberate and calculated” attempt to demoralise the judicial officers and obstruct them from discharging their duty. This cannot be tolerated, it said and directed the Election Commission to seek deployment of central forces for the protection of the officers and their families in the state. SC also directed that a central agency, either CBI or NIA, probe the incident.




SC recorded in its order the harrowing experience which the seven judicial officers, of whom three were women, had to go through when they were ‘gheraoed’ by anti-social elements and held hostage till midnight.

Malda incident ‘well-planned’, top Bengal officials’ action ‘highly deplorable’: SC

In our considered view, and having regard to the attendant circumstances, the incident that took place yesterday (Wednesday) is a brazen attempt not only to browbeat judicial officers but also a challenge to the authority of this court. It cannot be construed as a routine occurrence and, ex facie, appears to be a calculated, well-planned and deliberate act to demoralise judicial officers and obstruct the ongoing adjudication of objections,” the bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said.

SC said the manner in which the chief secretary, home secretary, DGP, DM and SP acted was highly deplorable, and they owed an explanation as to why no effective measures were taken to secure safe evacuation despite being informed at 3.30pm.

“We have no hesitation in observing that we will not permit any person to take law into their hands to create a climate of psychological fear in the minds of judicial officers discharging their duties. Such conduct amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, and reflects a complete failure of the civil and police administration in maintaining law and order in Malda,” it said.

CJI Kant, who monitored the situation till early Thursday when the officers were rescued, detailed the handling of the crisis in the order. He said HC’s registrar general had informed state authorities and sought urgent intervention in the afternoon, but nothing was done till 8.30pm.

Thereafter, the RG contacted the home secretary and DGP through a group call with HC’s CJ. Though oral assurances were given, no significant action followed. The CJ’s letter said the chief secretary could not be contacted as no WhatsApp-enabled number had been shared.

“The HC’s CJ further pointed out that neither the DM nor SP had reached the BDO office where the officers were ‘gheraoed’. The CJ then called the DGP and home secretary to his residence to jointly monitor the situation. They arrived after midnight, and the officers were finally released,” the court noted.

It directed EC and the state govt to take all remedial measures to ensure safety and smooth functioning.
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