Suo Motu Action Requested by Former SCBA President on Behalf of West Bengal Judicial Officers

Suo Motu Action Requested by Former SCBA President on Behalf of West Bengal Judicial Officers

In a concerning development, Adish Aggarwala, former President of the Supreme Court Bar Association (SCBA) and Senior Advocate, has called upon the Chief Justice of India (CJI) to take suo motu action on a troubling incident involving three judicial officers from West Bengal. The officers, based in Diamond Harbour, South 24 Parganas, have raised serious concerns over an incident that threatens the independence of the judiciary.

The Incident: A Threat to Judicial Independence

The judicial officers, residing in the official judicial quarters known as "Judges Abasan", recounted a troubling event that occurred in the early hours of September 9, 2024. In their letter, they revealed that a police officer from the Diamond Harbour district instructed security guards to allow two individuals to enter the premises to disconnect the power supply at an unusual and inappropriate hour. This act has raised alarm, as it could be perceived as an attempt to intimidate or interfere with the functioning of the judiciary.

In their formal complaint to the District Judge, the officers mentioned that they believed the incident was tied to adverse orders they had passed in cases under the Protection of Children from Sexual Offences (POCSO) Act. The officers expressed concerns that these orders might have led certain individuals to retaliate against them, creating a hostile environment. The officers described the act as an attempt to intimidate them into issuing favourable judgements in future cases. They stressed that they no longer felt safe in their official quarters due to this event.

Call for Suo Motu Action by the Supreme Court

Senior Advocate Adish Aggarwala has requested that the CJI take suo motu cognisance of the letter, highlighting the potential threat to judicial independence and the integrity of the judicial system. Suo motu action, in this context, refers to the judiciary initiating legal proceedings on its own accord, without waiting for a formal petition, given the serious nature of the concerns raised.

Aggarwala emphasised that such actions undermine the independence of the judiciary and could be seen as a direct threat to the constitutional principles that guarantee the judiciary's autonomy. Failure to address this incident swiftly could set a dangerous precedent, making judicial officers vulnerable to external intimidation and coercion.

Possible Outcomes of Suo Motu Action

If the CJI decides to act upon the request for suo motu action, it could lead to:

- A thorough investigation into the police oficer's actions and the individuals involved in the power disconnection attempt.

- A review of the circumstances surrounding the incident, including the potential influence of adverse rulings made under the POCSO Act.

- The potential for a broader investigatio into the law and order situation in West Bengal, especially concerning threats against judicial officers.

Support from Government Officials

The incident has also garnered attention from high-ranking government officials. Sukanta Majumdar, Union Minister of State for Education and Development of the Northeastern Region, wrote to the Union Minister for Law and Justice, Arjun Ram Meghwal, on September 11, expressing deep concern over the incident. He described the event as a breakdown of law and order in West Bengal and urged the government to take strict action against those involved, including the police officers who may have been complicit.

A Threat to Judicial Independence

The former SCBA President has highlighted that this incident must not be seen as an isolated event but rather as a direct challeng to the authority of the judiciary. Aggarwala warned that failing to act quickly could lead to a chilling effect on judicial officers, making them feel unsafe or unable to perform their duties without fear of external intimidation. Such a development would severely damage the judiciary's independence and undermine its constitutional mandate.

Upholding Judicial Integrity and Security

Aggarwala's call to action underscores the importance of protecting judicial officers from any form of external pressure or threats. He urged the Supreme Court to act swiftly, ensuring that the judiciary remains insulated from any undue influence and can continue to function independently and without fear. 

By taking suo motu action the Supreme Court would send a strong message that judicial independence is non-negotiable and that any attempt to undermine it will be met with firm consequences. This case could serve as a significant milestone in reinforcing the judiciary's autonomy and its role as a guardian of constitutional rights.

Conclusion

The incident involving the judicial officers in West Bengal raises serious concerns about the safety and independence of the judiciary. With high-ranking officials calling for immediate action, the spotlight is now on the Supreme Court to take suo motu cognisance and ensure that the judiciary is protected from external threats. This case could potentially set a precedent for safeguarding judicial officers across the country from similar intimidation tactics.