Sheer Failure Of Both You & Your Administration: Supreme Court Slams West Bengal Chief Secretary, Transfers Probe In Malda Gherao Incident To NIA
The Court directed both the Chief Secretary and the DGP to tender formal apologies to the Chief Justice of the Calcutta High Court to "redeem what was done."
The Supreme Court, in the Suo Motu case regarding the "hostage-like" situation of judicial officers in Malda, invoked Article 142 to transfer all related investigations to the National Investigation Agency (NIA).
The Court expressed severe indignation toward West Bengal’s top bureaucracy, with Justice Joymalya Bagchi rebuking the Chief Secretary for being unreachable during the crisis and directing him to "lower himself" enough to be accessible to the Chief Justice of the High Court.
The Bench ordered the immediate transfer of all 12 FIRs and suspects—including those in state custody—to the NIA, while demanding formal apologies from the Chief Secretary and DGP for their deplorable negligence during the April 1st violence.
Today, the Court has also directed the constitution of a committee comprising three former senior most judges to standardize the functioning of 19 Appellate Tribunals overseeing the Special Intensive Revision (SIR) in West Bengal.
On the last date of hearing, the Court expressed grave "disappointment" and "extreme concern" over a chilling security lapse in Malda district, where seven judicial officers were gheraoed and later attacked by a mob. It characterised the incident as a "brazen attempt" to browbeat the judiciary and a direct challenge to the authority of the apex court.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi ordered, "In reference to the order dated 02.04.2026..., we are informed that the ECI entrusted the inquiry to NIA. NIA has filed a preliminary status report in sealed cover, which has been opened. We find that the FIRs mentioned were registered by the State Police, and there are serious allegations against the State/Local police. We direct NIA to take over the FIRs irrespective of reasons therein. Thus, under Article 142 we direct such firs to be taken over by NIA irrespective of reasons. NIA shall be at liberty to register more FIRs if the offence illustratively referred to in our order has involvement of other persons for different consideration...Let the investigation report be submitted before the NIA Court, Kolkata. However, before the chargesheet is filed, a status report shall be submitted before this court, giving a report of the investigation from time to time. State/local police are directed to hand over all material to NIA and render all assistance as needed to take the probe to a logical end...We hope and trust that the Chief Secretary and the DGP has realised the sense of responsibility in which they were expected to respond and provide assistance to the Chief justice when judicial officers were made hostages on April 1."
ASG SV Raju appeared for the NIA, Senior Advocate Siddharth Luthra appeared for the West Bengal Police.
Chief Justice Kant asked the Chief Secretary, "What is the problem that you don't even entertain the call of the Chief Justice?"
Chief Secretary replied, "There was no call made from officers of Calcutta to my phone. I had come to Delhi for a meeting. From 2:00 p.m. to 4:00 p.m. I was on a flight."
Justice Bagchi remarked, "Calls were probably made during the evening. If you had been kind enough to share a mobile number and other particulars...security so high that even the Chief Justice of Calcutta High Court cannot access? So please lower yourself a bit so ordinary minions like the Chief Justice of the High Court can access."
Chief Secretary replied, "I am extremely apologetic."
Justice Bagchi said, "Issue an apology to the Chief Justice of the Calcutta High Court."
CJI Kant remarked, "Sheer failure of both you and your administration. Because of your lack of action Election Commission of India is kept in the dust...You don't communicate with the Election Commission of India, which is entrusted with giving directions to you in cases of emergency like this and this missing link created so much of difficulty and disturbance in the state. What kind of credibility is this?...(to DGP)11:30 pm Chief Justice was not reachable. Even home secretary was not reachable. The way these officials are being pampered. Please apologise before the chief justice and redeem what was done."
The ASG informed the Court that 12 FIRs have been registered in total—three directly involving judicial officers and nine others related to blockades. He noted that while these might not typically fall under "scheduled offences," the scale of the coordinated disruption warranted a central probe. The CJI responded firmly, "No question of local police probing. Take it over."
The CJI inquired about a specific judicial officer seen in a video clip in a state of distress. The ASG confirmed that this officer was indeed one of those targeted, underscoring the "psychological fear" the Court previously noted was being used to demoralize the judiciary.
The Court was informed that 24 people have been arrested so far, with five identified "trouble-mongers" and a broader probe involving the Call Detail Records (CDR) of 432 persons currently underway.
The Chief Justice questioned why certain individuals identified in the reports had not yet been arrested. The ASG assured the Court that these actions would be prioritized once the NIA officially assumes the investigation.
Justice Bagchi clarified that the existing FIRs were initially filed by local police, but the Court's order today effectively shifts the entire investigative machinery to the NIA to ensure an independent and thorough inquiry. The Court concluded by noting that it is passing formal orders to facilitate this transition immediately.
During the proceedings, Senior Advocate Sidharth Luthra, representing the West Bengal Chief Secretary and the Director General of Police (DGP), submitted compliance reports to the Court. He informed the bench that the state police had already arrested 26 individuals, including two alleged "kingpins," Mofakirul Islam and another suspect.
The Court ordered that all suspects arrested by the state or local police must be independently interrogated by the National Investigation Agency (NIA). The Court clarified that this mandate applies even if the suspects are currently in judicial custody. Furthermore, the CJI directed that any suspects currently in police custody be handed over to the NIA for further investigation.
On the morning of April 2nd, the Court received a formal letter from the Chief Justice of the Calcutta High Court regarding a serious security breach. It was reported that seven judicial officers, including three women, were gheraoed by anti-social elements at the Kaliachak judicial office in Malda. Although the Registrar General immediately alerted state authorities, no effective action was taken for several hours, leaving the officers trapped until after midnight.
Despite an assurance of early intervention, neither the Superintendent of Police nor other local officials arrived at the scene. The Chief Justice eventually contacted the Home Secretary directly at his residence to manage the crisis. The judicial officers were only released late at night following the personal intervention of the Chief Justice and other senior judges. Disturbingly, as the officers departed, they were attacked with stones, bricks, and bamboo sticks.
The Court had expressed deep disappointment over the state administration’s failure, noting that even the Chief Secretary remained unreachable during the emergency. This coordinated attack was viewed not as a routine incident, but as a deliberate attempt to obstruct the SIR process and intimidate the judiciary. The Court characterised the negligence of the civil and police administration as deplorable and a direct challenge to judicial authority.
To ensure future safety, the Court had issued several interim directions, including the immediate deployment of Central Forces by the Election Commission at all adjudication centres. It also ordered the registration of criminal cases against the miscreants and directed senior state officials, including the Chief Secretary and DGP, to show cause for their inaction. Finally, the Court mandated that these officials appear online for a follow-up hearing to ensure strict compliance.
The Court had revealed details of a formal letter received today from the Chief Justice of the Calcutta High Court. The communication detailed a harrowing ordeal that began at 3:30 PM yesterday in the Kaliachak area of Malda district. Seven judicial officers, including three women, were surrounded and gheraoed by "anti-social elements."
The CJI had expressed concern over the breakdown of order, stating that officers were gheraoed at 5:00 PM and remained without assistance until 11:00 PM.
"Some senior judges of the High Court were also associated. Eventually, the Home Secretary and the Director General of Police reached the residence of the Honorable Chief Justice after 12:00 midnight. Finally, the judicial officers could be released through the intervention of the Honorable Chief Justice and other judges of the High Court after 12:00 midnight...That is what happened. Shockingly, when the judicial officers were released around midnight and were going back to their respective places of stay, stones were pelted at them. They were also attacked with bamboo sticks and bricks", the Court had said.
Accordingly, the matter is now listed for a further date.
Cause Title: IN RE: Safety and Security of judicial officers deputed for work relating to SIR of Electoral Rolls in the State of West Bengal and Ancillary Issues [SMW(C) No. 3/2026, Diary No. 19822 / 2026]