SC says it cannot set deadline for SIR tribunals, asks EC for appeal disposal data

The Supreme Court on Tuesday (August 11) stated in an oral observation that it cannot fix a timeline for decisions by the appellate tribunals which were set up as per the apex court’s order in relation to the Special Intensive Revision (SIR) of electoral rolls in West Bengal.

The court, however, agreed to monitor the functioning of the tribunals while asking the Election Commission to provide details of the appeals decided so far by the tribunals.

The remarks were made by the bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana during the hearing of a petition filed by Congress leader Adhir Ranjan Chowdhury who sought several directions in relation to the SIR appellate tribunals.

Plea for time-bound orders

Appearing for the petitioner, senior advocate Rauf Rahim argued that the tribunals were not expeditiously deciding on the appeals of individuals deleted from the electoral roll who were also being denied benefits such as ration.

Also Read: SIR effect: Bengal, Bihar to bar deleted names from welfare schemes

He further argued that this shows that there was a need to fix a timeframe for the tribunals to take a call on the appeals.

What Justice Bagchi said

However, Justice Bagchi declined to fix such a timeline. "Tribunals were set up pursuant to orders of this court. They have a role to play in the due process. So we need to see their performance. Nothing else. If the performance appears to be wanting with regard to the volume and time taken, then to request you to revisit and restructure the architecture of disposal,” said Justice Bagchi.

Also Read: Last-minute additions in Bengal rolls proof of faulty SIR exercise? AI With Sanket

“If there can be online access of the judge concerned, like you have in arbitration,...immediate concern is let us take a stock that substantial time has lapsed, what are the quantum of disposals? We are not concerned with the result itself, but the quantum. The output...,” he added as quoted by Live Law.

Court seeks performance data

According to the report that CJI stated that by the time all the appeals were decided, it would be time for the next elections.

"All the appeals...By the time the next election will be held," CJI said.

"If there is a logistical delay, we will address that. Will get the details," Naidu said. "You may not address us. But we as creators of the Tribunals, also need to see how we can ensure an outcome of the due process. Just to file an appeal may not satisfy a litigant… Timeline we cannot fix," Justice Bagchi said.

“You need to give us the quantum of disposals so far because just filing an appeal is not enough. What is happening to the appeal also has to be seen," said Justice Bagchi.

The top court sought details of the cases decided and pending before the appellate tribunals in the state.

(With agency inputs)