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 (EC) and the Centre to respond to a petition seeking deployment of 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. “We will issue notice and see what EC has to say. Issue notice to EC and the Union of India through the Attorney General," it said.

The top court's order came after senior counsel Rakesh Dwivedi said, “Office of the electoral officer and district electoral officer was gheraoed."

“We have the powers and we will act, Dwivedi submitted. "Yes, you have to … else there will be anarchy," the CJI noted.

“Bring to our notice instances of lack of cooperation, hindrances to work of BLOs and we will pass appropriate orders," the Bench told Dwivedi, adding there was only one FIR on record.

As Justice Bagchi pointed out that the petitioner wanted the police to be brought under the EC's control of the EC, Dwivedi said, "Unless we take local police under deputation, it can’t be helped."

“Please request the state for more forces. If not provided, you can come here… One solitary instance of FIR given here. Can it be stated that it is unique to West Bengal only?" it 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 police under EC. This has to happen for all the States, then. You have to pass the threshold of prima facie view before we seek reply from EC," Justice Bagchi told Dwivedi.

Earlier, the Bench expressed apprehensions about a petition by Sanatani Sangsad highlighting violence in West Bengal.

“All the politicians, etc. are coming here because they think this platform is highlighting them.. tag this with pending plea," the CJI said.

Some protection was needed for BLOs, senior counsel VV Giri submitted on behalf of the petitioner.

It wondered how those who have applied for citizenship on the basis of the relaxation given by the Citizenship Amendment Act 2019 can be provisionally included in the voters’ list before a final determination of their citizenship status.

"You are not yet conferred citizenship. The amended law might have given you some rights to seek citizenship. But each and every claim under that Act has to be determined- whether you belong to the specified minority, whether you come from the specified countries, whether you are within India…there is some authority prescribed by the Government of India to determine. Unless those claims are determined, you cannot put the cart before the horse," CJI Kant said.

The Bench said at best it can only facilitate the determination of the claims. “We can only facilitate the determination of your status; nothing more we can do," CJI Kant said.

Dwivedi submitted that the decision on the CAA applications has to be taken by the Union of India. “We don’t have a role to play in citizenship," he said.

Issuing notice to the Centre, the Bench posted the matter for hearing next week.

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.



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