SC gives Malda incident probe to NIA, pulls up Bengal chief secretary

The Supreme Court of India has taken a significant step in transferring cases related to the gherao and attack on seven judicial officers in Malda district to the National Investigation Agency (NIA). This decision was made on April 6, as the court exercised its plenary power to ensure a thorough investigation into the incident. The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, highlighted that the credibility of the West Bengal bureaucracy was being undermined, with politics seemingly infiltrating the secretariat and government offices.

The Malda incident, which involved judicial officers engaged in a Special Intensive Revision (SIR) exercise, was deemed to be pre-planned and motivated. The bench ordered that 26 individuals arrested by the state police in connection with the case be interrogated by the NIA, even if they are currently in judicial custody. This move underscores the gravity of the situation and the need for a meticulous investigation.

In addition to transferring the cases to the NIA, the Supreme Court also pulled up West Bengal Chief Secretary Dushyant Nariala for not responding to calls from the Calcutta High Court Chief Justice on the day of the incident, April 1. The bench emphasized that this failure to communicate represented a breakdown in the district administration's functioning. The court demanded an apology from the chief secretary to the Calcutta High Court Chief Justice for not taking the calls.

The SIR process, which aimed to address over 60 lakh objections from those excluded from the voter lists, saw the deployment of 700 judicial officers from West Bengal, Odisha, and Jharkhand. The incident in Malda, where judicial officers were gheraoed for hours, has raised concerns about the safety and independence of the judiciary. The Supreme Court's decision to transfer the cases to the NIA signifies its commitment to ensuring a fair and impartial investigation, free from political interference.

This development comes as the Election Commission of India (ECI) has also asked the NIA to probe the attack on judicial officers in Bengal. The transfer of cases to the NIA and the subsequent criticism of the West Bengal bureaucracy highlight the ongoing challenges faced by the judiciary in maintaining its independence and impartiality amidst political pressures.

The Supreme Court's actions serve as a stark reminder of the need for robust administrative systems and the importance of upholding the judiciary's integrity. As the investigation proceeds under the NIA's supervision, it will be crucial to determine the extent of political involvement in the incident and to hold those responsible accountable. The incident in Malda has underscored the necessity for enhanced security measures for judicial officers engaged in sensitive tasks such as the SIR process, to ensure their safety and the smooth conduct of vital administrative functions.