Deal with it, else there’ll be anarchy: SC to EC as BLOs face attacks in West Bengal

Amid allegations of booth level officers (BLOs) being threatened during on ongoing Special Intensive Revision (SIR) of electoral rolls, the Supreme Court on Tuesday asked the Election Commission and the Centre to respond to a petition seeking the deployment of the Central Armed Police Forces (CAPF) in West Bengal.

“We cannot allow the law to be taken into someone’s hands,” a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, issuing notices to the EC and the Centre through the Attorney General.

The top court’s order came after senior counsel Rakesh Dwivedi, representing the EC, submitted that “the office of the (Chief) Electoral officer and District Electoral Officer was gheraoed”. “We have the powers and we will act,” Dwivedi said.

“Yes, you have to ... else there will be anarchy,” the CJI said, terming the situation “very serious”. “What we want to ensure is that the SIR is done on the ground without any glitches,” the CJI said. “Bring to our notice instances of lack of cooperation, hindrances to the work of BLOs and we will pass appropriate orders,” the Bench told Dwivedi, adding there was only one FIR on record.

“The state governments are supposed to cooperate with us and give us protection. If the state government refuses to do so, then we have no option other than taking the local police under deputation. If the situation still does not improve, then we will have to call central forces,” Dwivedi said.

However, Justice Bagchi said the EC could not take the police under its jurisdiction until commencement of election process. “Please request the state for more forces. If not provided, you can come here... One solitary instance of an FIR given here… Can it be stated that it is unique to West Bengal only?” the Bench asked the EC.

“We are sympathetic to your cause... but we have to see if it’s a narrative from your end. There is only one FIR and are you saying based on this the law and order is such that you want the police under the EC. This has to happen for all states, then. You have to pass the threshold of prima facie view before we seek reply from the EC,” Justice Bagchi told Dwivedi.

On behalf of petitioner Sanatani Sangsad, senior counsel V Giri alleged that violence and threats against BLOs and other officials engaged in SIR work and sought directions to the EC to protect them. The Bench said it did not want to get into a blame game between political parties.

The top court also refused to extend the deadline for the submission of enumeration forms in the ongoing SIR of electoral rolls in Kerala and deferred the matter till December 18, the present deadline, and will take a call then on whether to pass further extension.