Supreme Court Proposes Centralized Appellate Tribunals at West Bengal Judicial Academy
The Supreme Court of India has put forward a significant proposal to establish appellate tribunals at the West Bengal Judicial Academy in New Town. This initiative aims to efficiently handle appeals from individuals whose names are missing from the State Identification Register (SIR) supplementary list.
Streamlining the Appeals Process
A two-judge bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, highlighted that this centralized setup would save considerable time and logistical resources. Currently, retired judges serving on these appellate tribunals must travel to various districts across West Bengal, which can be cumbersome and time-consuming.
The bench suggested that the Election Commission of India (ECI) collaborate with the Chief Justice of the Calcutta High Court, Sujoy Paul, to implement this proposal. By utilizing the West Bengal Judicial Academy's existing infrastructure, the process could be expedited, potentially through virtual modes as recommended by the Supreme Court.
Background and Infrastructure
The West Bengal Judicial Academy, inaugurated on December 3, 2005, by former Chief Justice of India YK Sabharwal, is situated on approximately five acres of land in Action Area III of New Town. It boasts adequate facilities that could be repurposed for the appellate tribunals, making it an ideal location for this judicial function.
According to the supplementary SIR list, any person aggrieved by an entry has the right to file an appeal within 15 days, either online or offline, before the Appellate Tribunal. This provision underscores the importance of having a functional and accessible tribunal system.
Current Status and Challenges
This Supreme Court suggestion comes at a critical juncture. The Election Commission has already notified the formation of 19 appellate tribunals for West Bengal, designed to address disputed appeals rejected by judicial officers. These tribunals are part of efforts to resolve around 60 lakh under-adjudication cases, of which 27 lakh have been adjudicated, leading to the publication of the first supplementary list.
However, despite being formed on March 20, the tribunals have not yet commenced operations. Shyam Dewan, representing Chief Minister Mamata Banerjee, urged the Supreme Court to direct the Election Commission to start the appellate tribunals immediately. Delays persist due to the lack of established offices and assigned staff members.
Structure and Scope of the Tribunals
The appellate tribunals will be headed by former Chief Justice T S Sivagnanam and will include other retired high court judges such as Pradipta Ray, Tapen Sen, and Biswajit Basu. These single-member tribunals have been established for 23 districts, including North and South 24 Parganas, East Midnapore, Nadia, Malda, and Kolkata.
Their mandate extends beyond hearing appeals from individuals omitted from the supplementary list published on March 23. They will also adjudicate appeals concerning voter exclusions, ensuring a comprehensive approach to electoral disputes.
The Supreme Court's proposal represents a proactive step towards enhancing judicial efficiency and accessibility in West Bengal's electoral process, potentially setting a precedent for other states facing similar challenges.
