THE SUPREME COURT ON TUESDAY sought the Election Commission of India’s (‘ECI’) reply on a petition seeking the deployment of the Central Armed Police Forces (‘CAPF’) in West Bengal during the ongoing Special Intensive Revision (‘SIR’) of electoral rolls.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice after the ECI submitted that maintaining order during the SIR becomes difficult unless the Commission is permitted to place the local police under its control.
“We cannot allow the law to be taken into someone’s hands,” CJI Kant observed, emphasising that the ECI has to act if there is a law-and-order situation, “otherwise there will be anarchy.”
Initially the Court was sceptical about the petition filed by Sanatani Sangsad, which referred to previous incidents of political violence in the State. The Bench, however, expressed initial reservations about the plea.
“All the politicians, etc. are coming here because they think this platform is highlighting them… tag this with the pending plea,” CJI Kant remarked.
Senior Advocate V.V. Giri, appearing for the petitioner, argued that booth-level officers required protection during the SIR. Justice Bagchi, however, noted that material placed on record did not substantiate a larger pattern of threats.
“There is only one FIR on record. Nothing else. The rest is historical reference,” he said.
Highlighting the concerns over the safety of officers engaged in the exercise, Senior Advocate Rakesh Dwivedi representing the ECI pointed to incidents where electoral officers had reportedly faced intimidation. “The office of the electoral officer and district electoral officer was gheraoed,” Dwivedi told the Court.
Dwivedi also said that effective supervision would require the Commission to bring local police personnel under its deputation. “Unless we take local police under deputation, it can’t be helped,” he submitted.
Justice Bagchi responded that the State government could be asked to provide additional forces if required. However, he underlined that the petitioner must first demonstrate why West Bengal presents a unique law and order challenge warranting CAPF deployment.
“One solitary FIR has been placed before us. Can it be said that, based on this alone, law and order has collapsed to the extent that police must be placed under the ECI? If this is accepted, then it would apply to all States,” he remarked adding “We are sympathetic to your cause, but you must cross the threshold of a prima facie case before we seek a reply from the ECI.”
Justice Bagchi was also apprehensive if the focus on the law-and-order issue was an attempt to create a “narrative” by the petitioner.
Having voiced these concerns, the Bench decided to call for a formal response from the Election Commission and the Union government. “We will issue notice and see what the ECI has to say. Issue notice to the ECI and to the Union of India through the Attorney General,” CJI Kant ordered.
