Mamata Banerjee argues in SC, alleges targeting of West Bengal in SIR exercise

In a rare move by a serving chief minister, Mamata Banerjee on Wednesday argued her petition in the Supreme Court against the special intensive revision of electoral rolls and alleged unfair targeting of West Bengal by the poll panel and bulldozing of its citizens.

Urging the top court to "save democracy" and intervene to ensure fair special intensive revision (SIR) of electoral rolls by the Election Commission, she highlighted that people alive have been declared dead by the poll panel.

She once referred to the poll panel as the "WhatsApp commission", in an apparent reference to directions allegedly being passed by the EC to electoral officials on WhatsApp.

Banerjee, who was represented by senior advocates Kapil Sibal and Shyam Divan, sought the nod of a bench headed by Chief Justice Surya Kant to personally advance her submissions.

She said her state was not getting justice anywhere and despite having written six letters to the poll panel on SIR, she has not received any reply.

"Their SIR process is only for deletion, not for inclusion," she told the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi.

Asking why the same yardstick was not applied in Assam, Banerjee said, "West Bengal is being targeted." "They are targeting West Bengal to bulldoze its people," said the chief minister, who was permitted by the bench to supplement submissions of her lawyer.

At the outset, Divan started his submissions and later, Mamata was seen standing beside him. She then requested the bench to permit her to address the court.

"If you can allow me five minutes only," she asked.

The CJI responded by saying the court would give her not five but 15 minutes to advance her submissions.

She flagged difficulties being faced by the citizens due to the SIR exercise and said people were happy that the apex court gave a direction to include Aadhaar as one of the documents in the process.

Banerjee alleged that despite the apex court's direction, the poll panel was not allowing Aadhaar and was seeking other documents from the voters for electoral roll revision.

"In other states, documents like domicile certificate, family register card etc. are allowed... they are only targeting Bengal on the eve of elections. What was the hurry," she asked.

She said the process, which usually takes two years, was being undertaken in a short span of three months even during festival and harvesting season in the state.

Banerjee also claimed that many people who are alive have been declared dead by the EC during the ongoing process.

She then flagged the issue of deaths of officials who are involved in the SIR exercise.

Senior advocate Rakesh Dwivedi, appearing for the EC, countered the charges and alleged that the West Bengal government has provided the services of only 80 grade-two officers like SDMs for overseeing the SIR process.

He said only low-ranked government employees like Anganwadi workers have been provided by the West Bengal government for the process.

Banerjee countered the EC's claim and said the state has provided whatever was sought by the poll panel.

At the outset of her submissions, Banerjee quoted Rabindranath Tagore and said, "The problem is our lawyers always fought our case from the beginning but when everything is finished, we are not getting justice. When justice is behind doors. We are not getting justice anywhere."

"I am a bonded labourer sir... I am from a common family and I am not fighting for my party," she said.

When the counsel appearing for the EC interrupted, Banerjee, with folded hands, said, "Please allow me to speak sir!"

She flagged that married women were being put to notice for shifting to their in-laws’ house or using their husband's surname.

Banerjee claimed the poll panel has not complied with the top court's directions on the logical discrepancy list.

When the EC's counsel objected to her submissions, CJI Kant interrupted saying, "Madam has come all the way to speak."

During the hearing, the bench observed that "genuine persons must remain on the electoral roll".

The CJI said every problem has a solution and it must be ensured that no innocent person is left out.

Concluding her submissions, Banerjee conveyed her regards to the bench for giving her the opportunity to argue and urged it to "save democracy".

The bench issued notices and sought replies by February 9 from the Election Commission and the Chief Electoral Officer of West Bengal on her petition.