‘Don’t make little excuses and stall SIR’: Supreme Court refuses to entertain TMC objections to judicial officers’ training

“How does it matter? Judicial officers will take a call,” said CJI Kant.

‘We know our judicial officers’

Sibal said that in the February 20 order, the bench said the Chief Justice will decide the modalities. “But they have issued directions on what to accept or not without referring it to the High Court Chief Justice.”

To which CJI said that the judicial officers should not be doubted. “The judicial officers will decide, not the Chief Justice. Modalities means the arrangements of this entire process that are to be undertaken.”

Sibal said ECI has introduced a training module for judicial officers. “They (judicial officers) may follow or may not follow; it is for them to decide,” said the CJI.

“But once they issue a direction saying do not accept the domicile certificate for which students get admission to the universities,” said Sibal.

CJI said, “They are entitled to plead that the documents are not be accepted, you have the right to plead that they may be accepted. Judicial officers will decide.”

CJI Kant said, “We went beyond our imagination” in passing orders to deploy judicial officers for the SIR work. “We know our judicial officers. They are not to be influenced by anything.”

“Don’t you argue cases before us? Don’t they (ECI) argue the case before us? Ultimately, we take the decision,” said the Chief Justice.

Sibal, however, said that they can’t take instructions from ECI. “Kindly say they are not bound by these instructions.”

On the argument that the judicial officers were being given training, Justice Bagchi asked, “Who else will give the training? They are being trained by ECI for the purpose of understanding the modalities of ECI NET and the verification of documents.”

‘Let them do their work’

Justice Bagchi said the court has made it very clear what documents to look into. “Our orders are as clear as daylight. Elections cannot override orders passed by us. If the SIR notification and the supplemental orders passed by us include such a certificate, it will be looked into… If it is not, it won’t be looked into. As simple as that.”

Sibal said officials are saying that a domicile certificate issued by the SDO should not be accepted, and urged the bench to say they will decide independently.

The court, however, refused to pass any order. “We have already said. Our judicial officers understand our orders,” CJI remarked orally. “We gave them completely alien responsibility for which they have never been trained in the judicial academy, or in their day-to-day functioning.”

Justice Bagchi asked the petitioners and ECI to “ensure a congenial atmosphere for our judges to work”. “Ask the chief secretary to work in tandem with the judicial officers as well as the special observer.”

The CJI said, “My brother rightly pointed out that we should even mention the documents which are required to be believed. Because we thought we would not leave any grey area. Nobody will go beyond that order, whether the Chief Election Commissioner or the state government”.

Justice Bagchi said, “The extent to which we have gone, we have almost evacuated the state judiciary”.

“Let them do their work,” added the CJI.