News Brief

"Now You're Going Too Far. Everything Can't Be Suspected": Supreme Court To Prashant Bhushan In EVM-VVPAT Case

Bhuvan Krishna

Apr 18, 2024, 08:11 PM | Updated 08:11 PM IST


Senior Supreme Court lawyer Prashant Bhushan.
Senior Supreme Court lawyer Prashant Bhushan.

The Supreme Court has emphasised the importance of integrity in the electoral process, directing the Election Commission of India to clarify the measures taken to ensure free and fair polls as per a report by NDTV.

The court is hearing petitions requesting the cross-verification of votes cast on Electronic Voting Machines (EVMs) with paper slips produced by the Voter Verified Paper Audit Trail (VVPAT) system.

During the proceedings, the court expressed concern over maintaining the sanctity of the electoral process, stating that there should be no doubt regarding the integrity of the process.

The bench of Justice Sanjiv Khanna and Justice Dipankar Datta questioned the Election Commission and senior advocate Maninder Singh, representing the poll body, about various aspects of the electoral process.

After EC's submissions, the Supreme Court stated, "You need not understand the technical elements. Voter has to be satisfied with the explanation given by ECI. Evidence Act also says official acts are normally presumed to be done validly."

To Bhushan, the bench responded, "Now you're going too far. Everything can't be suspected. Please also appreciate if they have done something good. We heard you because we are also concerned. Does everything have to be explained to you?"

Advocates representing the petitioners proposed measures such as allowing voters to take their VVPAT slips after voting and depositing them in a ballot box to ensure transparency. They also suggested that the light on the VVPAT machine should remain on at all times to prevent any manipulation.

Senior Advocate Sanjay Hegde, also representing the petitioners, suggested a separate audit to enhance the credibility of the counting process.

The court also inquired about reports of discrepancies in mock poll results in Kerala, to which the Election Commission clarified that the report was false.

The Election Commission explained the voting process, stating that the VVPAT unit prints a paper slip visible to the voter for seven seconds before it falls into a sealed box. The court also questioned the security measures in place to prevent tampering with the voting machines.

The Election Commission assured the court that all voting machines undergo a mock poll process, and candidates are allowed to randomly select 5 per cent of the machines for verification. The machines are sealed in strongrooms after polling and opened in the presence of candidates on counting day.

In response to concerns about the secrecy of the vote, the Election Commission stated that allowing voters to take their VVPAT slips would compromise the secrecy of the vote. The court reserved its order after hearing arguments from both sides.

Bhuvan Krishna is Staff Writer at Swarajya.


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