Take Suo Motu action on letter of 3 judicial officers of West Bengal: Former SCBA President to CJI
Sep 12, 2024
New Delhi [India], September 12 : The former President of the Supreme Court Bar Association (SCBA) and Senior Advocate Adish Aggarwala had requested the Chief Justice of India (CJI) to take suo motu action based on a letter written by three judicial officers from West Bengal.
The judicial officers, serving in Diamond Harbour, South 24 Parganas district and residing in the official judicial quarters known as 'Judges Abasan,' detailed an alarming incident that occurred during the early hours of September 9, 2024.
According to the letter, a police officer from the Diamond Harbour district instructed the guards at the judicial quarters to allow two individuals to enter the premises to disconnect the power supply at an unusual and inappropriate hour. This raised serious concerns about the security and independence of the judiciary, as such actions could be interpreted as an attempt to intimidate or interfere with the judicial process, stated Senior Advocate Adish Aggarwala.
The former SCBA President has requested the CJI to take suo motu cognisance of the incident, emphasising the potential threat to judicial independence and the integrity of the judicial system.
Suo motu action in this context would involve the judiciary initiating legal proceedings on its own accord, without waiting for a formal petition, given the serious nature of the concerns raised by the judicial officers.
The CJI's intervention could lead to a thorough investigation into the actions of the police officer involved and a review of the circumstances surrounding the power disconnection attempt. If taken forward, the case could underscore the judiciary's commitment to safeguarding the independence and security of judicial officers.
In their official complaint to the District Judge, they outlined their belief that this incident was directly linked to adverse orders they had passed in some POCSO Act cases, which might have motivated certain individuals to retaliate against them. They described the incident as an attempt to intimidate them into delivering favourable judgements in future cases. The officers clearly stated that they no longer felt safe in their official quarters.
Sukanta Majumdar, Union Minister of State for Education and Development of the Northeastern Region, also wrote to the Union Minister for Law and Justice, Arjun Ram Meghwal, on September 11, expressing deep concern over the incident.
He described it as a breakdown of law and order in West Bengal and called on the government to ensure the protection of judicial independence and take strict action against those involved, including police officers who might have been complicit.
The former SCBA President's appeal to the CJI underlines the severity of the threat to judicial independence and constitutional rights. He submitted that this incident must not be treated as an isolated event but as a direct challenge to the authority of the judiciary.
The former SCBA President emphasised that failure to act swiftly could create a dangerous precedent, where judicial officers in West Bengal may feel unable to function without fear. He strongly urged the Supreme Court to insulate judicial officers from external threats, ensuring they can discharge their duties independently and without fear of intimidation.