Bengal SIR: 60 lakh claims of those deleted from voters' list to be decided on Monday, says SC

New Delhi: The Supreme Court on Monday said around 60 lakh claims and objections of those removed from voters' lists in the ongoing Special Intensive Revision (SIR) of electoral rolls in poll-bound West Bengal will be decided during the day, observing that central forces will remain deployed.

The top court, after perusing the video of a woman judicial officer expressing anxiety over the safety of her kith and kin, made clear that "the Central forces will not be withdrawn from West Bengal looking at the way things have happened in the recent past."

The court expressed concern over reported threats and obstruction faced by judicial officers during the revision process and warned that if state machinery fails to ensure safety, it would consider appropriate measures.

"If state machinery fails, then we will see what can be done," a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said.

The bench took note of the submissions of Chief Minister Mamata Banerjee, represented by senior advocate Shyam Divan, that 19 appellate tribunals, set up to hear pleas against wrongful deletions or additions, are yet to become operational.

The CJI asked the Chief Justice of the Calcutta High Court to constitute a three-member panel of former senior judges to frame uniform procedures for these tribunals.

Meanwhile, the Chief Justice of the Calcutta High Court received a letter from a former Chief Justice who has consented to preside over an appellate tribunal, the bench said.

"... We request the Chief Justice of the HC to constitute a team of three former seniormost chief justices or judges who shall prescribe the procedure which will be mandatorily followed by all 19 tribunals uniformly. Let the committee prescribe the procedure by tomorrow so that adjudication of appeals can be expedited," the bench said.

The court clarified that tribunals would have the authority to examine reasons for inclusion or exclusion from voter rolls and review documentary evidence, including records not uploaded online.

During the hearing which commenced at 4 pm, the bench referred to a letter from the Calcutta High Court Chief Justice and said that judicial officers decided over 59.15 lakh claims and objections out of approximately 60 lakh cases by noon on April 6.

The bench observed that even in Malda district, where several judicial officers reportedly faced disruptions including gherao, around eight lakh cases had been disposed of.

The Election Commission, represented by senior advocate D S Naidu, informed the bench that the remaining claims would be decided during the day and that a supplementary electoral roll would be published later on Monday night.

The court also allowed time until April 7 for completing pending digital signature uploads.

During the hearing, the bench emphasised the need to create an environment enabling tribunals to function effectively and fairly.

"Let us create an atmosphere where tribunals can maximise their outputs," the CJI said.

Justice Bagchi underscored that the role of the Election Commission is to expand electoral participation rather than restrict it.

"There have been certain cases where there have been documents which could not be uploaded online. Then with no receipt... this issue will again be agitated... next before a constitutional court and have the matter remanded.

"Whoever makes an appeal has raised a grievance that they don't know the reason. You can tell the tribunal to reveal the records," the bench said.

Divan said out of 60 lakh cases, 40 lakh cases record details and there is 55 per cent exclusion rate which is very high.

"Seven lakh appeals are being filed. A very few appeals were taken up by 19 appellate tribunals. There are news reports, there are very lengthy queues which are there for filing these appeals," he added.

"Tribunals will go on hearing and we do not want to rush it, but we need to freeze the list somewhere. One layer of adjudication is done by the judicial officers. Appellate process can take a month or even 60 days," the bench said.

The counsel for the poll panel referred to an inflammatory speech of a TMC leader.

"Yesterday, a speech was delivered which was stating that CRPF officials are coming from UP to beat you... be prepared," Naidu said.

Solicitor General Tushar Mehta said a judicial officer was interviewed by a journalist who said that her life was in danger and that if something happens to her, then her children should be taken care of.

The bench watched the videos and made clear that the central forces will remain in the state.

"The rabble rousing will only vitiate the atmosphere," Naidu said.

The bench said since the entire process of adjudication by judicial officers gets over during the day, the EC "shall publish the supplementary list tonight".