‘Freezing Date’ Question in West Bengal SIR Appeals to Be Heard by SC on April 13

The Supreme Court on Friday said it will consider the issue of fixing a "freezing date" in connection with the pending appeals asking out of the Special Intensive Revision (SIR) process in West Bengal . The matter has been. listed for further hearing on April 13 .                                                                                                     

The issue came up during the hearing of multiple appeals linked to the SIR exercise , which has led to a number of disputes and legal challenges . The Court indicated that it would examine whether a cut off date should be set to determine the scope of claims and appeals that can be considered .                                                    

 A “freezing date” refers to a fixed point in time beyond which new claims or objections may not be entertained. The question of setting such a date has gained importance due to the large number of pending cases related to the SIR process.

Before a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, counsel submitted that the appellate tribunal headed by former Calcutta High Court Chief Justice T.S. Sivagnanam had recently allowed two appeals, holding that adjudicating officers deleted the appellants’ names from the electoral rolls without proper application of mind. He added that many similar appeals are still pending, but with the Election Commission of India freezing the rolls on April 9, such appellants risk being excluded despite their cases remaining undecided.

"We will consider the freezing issue on (April) 13th, and if necessary, we will pass appropriate orders," Justice Bagchi said.

"Mr.Naidu (ECI) counsel said that the freezing date is 9th and after that none will be considered. Right to vote remains, these appellants are similarly situated (as the appellants whose appeals were allowed)," the counsel said.

"What was the architecture we are thinking. There is a cut off line in respect to A election, and underlying is a constitutional right to be on the electoral roll and to vote in further elections. That is a much higher and much more permanent” Justice Bagchi said.

The counsel said that these appellants are Passport holders.

During the proceedings the Court did not pass any final orders but noted that the issue requires consideration . The matter will now be taken up on April 13.                               

 The decision on this issue is expected to play a key role in determining how pending appeals connected to the SIR process in West Bengal are handled and resolved.