National
Repeated and persistent doubts on EVMs can have contrarian impact of creating distrust: SC
New Delhi, April 26 (IANS) Rejecting a batch of petitions seeking mandatory cross-verification of the votes cast with Voter-Verifiable Paper Audit Trail (VVPAT) slips, the Supreme Court on Friday said that raising repeated and persistent doubts on Electronic Voting Machines (EVMs), even without supporting evidence, can have the contrarian impact of creating distrust and can reduce citizen participation and confidence in elections.
In his verdict, Justice Sanjiv Khanna said, “The suspicion that the EVMs can be configured or manipulated for repeated or wrong recording of vote(s) to favour a particular candidate should be rejected.”
“We acknowledge the right of voters to question the working of EVMs, which are but an electronic device that has a direct impact on election results. However, it is also necessary to exercise care and caution when we raise aspersions on the integrity of the electoral process.
“Repeated and persistent doubts and despair, even without supporting evidence, can have the contrarian impact of creating distrust. This can reduce citizen participation and confidence in elections, essential for a healthy and robust democracy.”
He added that the credibility of the Election Commission of India (ECI) and integrity of the electoral process earned over the years cannot be chaffed and over-ridden by baroque contemplations and speculation.
Further, Justice Khanna took note of the statement made by ECI officials that the symbol loading process – where a bitmap file of the serial number, name of the candidate and the symbol is uploaded – cannot be equated with the uploading of the software.
“The symbol loading process undertaken by using the symbol loading unit cannot alter or modify the programme/firmware in the VVPAT which has been burnt/loaded in the memory,” he said.
The apex court said that while it acknowledge the fundamental right of voters to ensure their vote is accurately recorded and counted, the same cannot be equated with the right to 100 per cent counting of VVPAT slips, or a right to physical access to the VVPAT slips, which the voter should be permitted to put in the drop box.
It added that giving physical access to VVPAT slips to voters is “problematic and impractical”, and will lead to misuse, malpractices and disputes.
Saying that the weakness of the ballot paper system is well-known and documented, it rejected the submission to return to the ballot paper system as “foible and unsound.”
“We would be undoing electoral reforms by directing reintroduction of the ballot papers. EVMs offer significant advantages. They have effectively eliminated booth capturing by restricting the rate of vote casting to four votes per minute, thereby prolonging the time needed and thus check insertion of bogus votes.
“EVMs have eliminated invalid votes, which were a major issue with paper ballots and had often sparked disputes during the counting process. Furthermore, EVMs reduce paper usage and alleviate logistical challenges.
“Finally, they provide administrative convenience by expediting the counting process and minimising errors,” the SC said.
Association for Democratic Reforms, one of the petitioners, sought directions to return to the paper ballot system, or that the VVPAT slip be given to the voter to verify and put in the ballot box for counting, and/or there should be 100 per cent counting of the VVPAT slips in addition to electronic counting by the control unit.
The PIL litigants contended that there exists a possibility of manipulating the EVMs and, therefore, the apex court should step in to instill confidence in the voters as they have the right to know that their franchise has been correctly recorded and counted.
Justice Dipankar Datta – who authored a separate opinion, but “whole-heartedly” concurred with Justice Khanna’s verdict – said that the prayer to revert to the “paper ballot system” reveals the real intention of the petitioning association to discredit the system of voting through the EVMs and thereby derail the electoral process that is underway, by creating unnecessary doubts in the minds of the electorate.
“I have serious doubts as regards the bona fides of the petitioning association when it seeks a reversion to the old order. Irrespective of the fact that in the past efforts of the petitioning association in bringing about electoral reforms have borne fruit, the suggestion put forth appeared inexplicable,” Justice Datta said.
Further, he said that in recent years, a trend has been fast developing of certain vested interest groups endeavouring to undermine the achievements and accomplishments of the nation, earned through the hard work and dedication of its sincere workforce, adding that “there seems to be a concerted effort to discredit, diminish, and weaken the progress of this great nation on every possible frontier.”
In conclusion, Justice Datta said that the petitioners’ apprehensions were misplaced and they have neither been able to demonstrate how the use of EVMs in elections violates the principle of free and fair elections nor have they been able to establish a fundamental right to 100 per cent VVPAT slips tallying with the votes cast.
In April 2019, the Supreme Court ordered the ECI to increase the VVPAT slips from one EVM per Assembly constituency to five.
It had issued guidelines for mandatory verification of VVPAT slips, out of five randomly-selected polling stations, after completing the final round of counting votes recorded in EVMs.
The latest verdict declined to modify the aforesaid directions to increase the number of VVPAT undergoing slip counting for several reasons.
“First, it will increase the time for counting and delay the declaration of results. The manpower required would have to be doubled. Manual counting is prone to human errors and may lead to deliberate mischief. Manual intervention in counting can also create multiple charges of manipulation of results. Further, the data and the results do not indicate any need to increase the number of VVPAT units subjected to manual counting,” the apex court reasoned.
Justice Khanna passed two directions not because the top court had any doubt, but to only further strengthen the integrity of the election process.
First, all Symbol Loading Units (SLUs) will be sealed on or after May 1 on completion of the symbol loading process and will be kept in the strong room at least for 45 days post declaration of results.
“The candidates or representatives shall sign the seal. The containers containing SLUs shall be kept in strong rooms, along with EVMs, at least for a period of 45 days post declaration of results. They shall be opened, examined and dealt with as in the case of EVMs,” the apex court said.
Second, the burnt memory or microcontroller in 5 per cent of the EVMs per Assembly segment of a parliamentary constituency will be checked and verified by a team of engineers from EVM manufacturers post announcement of results on a written request made by candidates securing second and third-highest votes.
“All candidates or their representatives shall have the option to remain present at the time of verification. Such a request should be made within a period of seven days from the date of the declaration of results…The actual cost or expenses for the said verification will be notified by the ECI and the candidates making the said request will make payment of said expenses. Expenses will be refunded in case EVM is found to be tampered,” ordered the Supreme Court.
It said that the district Election Officer in consultation with the team of engineers will certify the authenticity and intactness of the burnt memory or the microcontroller.
–IANS
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New Delhi, July 27 (IANS) Congress General Secretary Priyanka Gandhi Vadra on Saturday extended greetings to the Indian contingent at the Paris Olympics and expressed hope that they will make the nation proud yet again, with their medal wins.
Taking to X, the Congress leader said that all players of Team India are ready for every challenge and the country has a lot of expectations from all of them.
“Best wishes to all the players of the Indian team. May you be victorious!” she wrote on X.
Priyanka’s greeting to the athletes comes just ahead of India beginning its campaign in the month-long sporting extravaganza.
Earlier, Congress President Mallikarjun Kharge also extended wishes to the Indian athletes and said that their medals and glory will inspire future generations.
“On behalf of the Indian National Congress, I join the nation in wishing our incredibly talented Indian athletes all the best for the Paris,” he wrote on X.
Notably, Team India has begun its campaign in the Paris Olympics with a couple of events slated for Saturday. On Day 1 of the quadrennial event, the Indian athletes will be in action in at least seven disciplines including hockey, shooting and badminton.
In shooting, Elavenil Valarivan and Sandeep Singh, Arjun Babuta and Ramita Jindal will compete in the 10m Air Rifle Mixed Team Qualification at 12:30 PM followed by 10m Air Pistol Men’s Qualification, in which Arjun Singh Cheema and Sarabjot Singh will be in action.
Manu Bhaker and Rhythm Sangwan will also start their campaign on Saturday with 10m Air Pistol Women’s Qualification at 4 pm.
In Tennis, Rohan Bopanna and Sriram Balaji will take on the French pair of Fabian Reboul and Edouard Roger Vasselin in the men’s doubles first-round match at 3:30 pm.
In Badminton, Lakshya Sen will be up against Kevin Gua Cordon in the men’s singles group stage match at 7:10 pm.
–IANS
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National
Jharkhand: KKM hostel students beaten by cops, BJP slams Soren govt over 'police brutality'
New Delhi, July 27 (IANS) About a dozen students of the KKM college in Jharkhand’s Pakud district suffered injuries as the state police thrashed them inside the hostel premises, allegedly over a proposed protest march against the Bangladeshi intruders on Saturday.
Reacting to the incident, state BJP chief Babulal Marandi tore into the Hemant Soren government for “police excesses” on the hostel students and shared the “disturbing” pictures.
More than ten students are said to have been admitted to Pakud Sadar Hospital for treatment.
Student leader Kamal Murmu said the cops reached the hostel around 10.30 p.m. on Friday and warned the students against organising any protest rally.
When the students refused to obey the order, a posse of police force reached the hostel and started thrashing them, Murmu said.
“Students were pulled out of their rooms and then beaten with sticks,” he said.
However, the police claimed that they reached the hostel premises while looking for a criminal. As they reached the hostel using mobile location technology, they were attacked by a bunch of students, the police claimed.
“We acted in self-defence and retaliated against the assaulters,” the police said.
Pakud police station in-charge Anoop Roshan Bhengra, termed the incident as “police action” against assaulters.
Bhengra said that the hostel residents tried to give cover to a criminal linked with abduction and this resulted in the flare-up and subsequent police action.
Meanwhile, Marandi accused the Hemant Soren government of unleashing its police force to crush the voice of people against Bangladeshi intruders.
Notably, the BJP also raised the issue of Bangladeshi intruders altering the population dynamics in the Parliament recently and also highlighted the fact that how it was posing a risk to the local demography.
Taking to social media platform X, Marandi said that the students were raising their voices against the infiltrators and their motive is only to secure the sanctity and identity of their region.
“Hemant ji, what is the reason behind torturing young students who raise their voice against infiltration to protect their mothers and sisters and showering so much love on outsiders?” he asked.
“Bangladeshi infiltrators are a threat to the identity and existence of Jharkhand. By giving them protection, you are playing with the security of the three-and-a-half crore people of the state,” he said further.
The BJP leader also demanded strict action against all the police personnel involved in this incident.
— IANS
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Gurugram, July 27 (IANS) Several members of the Resident Welfare Association (RWA) of BPTP Park Screen residential society expressed their outrage against its management in connection with a five-year-old boy who drowned in a swimming pool in the society.
The child drowned on Wednesday evening.
The residents in huge numbers approached Gurugram Police Commissioner’s office and demanded action against BPTP management including Managing Director Kabul Chawla on Saturday.
They accused the lifeguard and the maintenance agency of gross negligence, demanding accountability and immediate action.
“The five-year-old boy drowned in a swimming pool at a residential society in Gurugram on Wednesday evening, allegedly in the presence of lifeguards,” police said.
The child, identified as Mevansh Singla, was found floating in a four-foot deep pool at BPTP Park Serene in Sector 37D.
However, the police have arrested two lifeguards — Durg (30) from Madhya Pradesh and Akash (21) from Bihar — for their negligence while on duty.
The boy’s relatives and the RWA alleged the lifeguards failed to notice the boy moving to the prohibited four-foot-deep pool as they were playing on their phones at the time.
Hemant Kumar Pal, the RWA vice president, said that they have had several issues with the builder and BPMS, the management agency responsible for dealing with the maintenance, over the past few years.
“When the incident took place on Wednesday, the lifeguards were not even aware of it as they were engrossed in their phones. It was gross negligence on the part of the BPTP management as well,” Pal claimed.
–IANS
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Patna, July 27 (IANS) Cyber cheats defrauded a Muzaffarpur businessman of Rs 89.90 lakh by alleging his involvement in a money laundering case, an official said on Saturday.
The complainant has lodged an FIR in the Muzaffarpur cyber police station and the matter is under investigation by Bihar Police’s cyber cell.
As per the FIR, the victim said that he received a call from an unknown number and the caller who posed as a Telecom Regulatory Authority of India (TRAI) official told him that his phone number would be disconnected within two hours.
The caller informed the victim that another mobile number (8945392862) was active and his Aadhaar number had been given in the documentation. The caller said this number had been used to send illegal messages.
He stated that an FIR had been registered in Tilak Nagar Police Station in Mumbai and the victim had to appear before the officers.
The caller transferred the victim’s call to another number (+91 7453951616) and a person wearing a police uniform interacted with him via a video call.
“That man in the police uniform claimed to be an officer of the Tilak Nagar Police Station and he took the victim’s statement.
“He also informed him that a bank account had been opened in Canara Bank using his Aadhaar number and that account was used in the money laundering case of one Naresh Goyal with illegal transactions to the tune of Rs 2.5 crore,” said Seema Devi, DSP of cyber cell Muzaffarpur.
“He further informed the victim that an arrest warrant had been issued by the Supreme Court and asked him to appear at the Tilak Nagar Police Station. When the victim expressed his inability to reach Mumbai on such a short notice, the caller asked him to upload the details of the source of his earnings on the website of the Supreme Court. That caller also gave him a link http://www.main-scoi.in/,” the officer said.
“When the victim opened the link, an arrest warrant was shown in his name. Hence, he uploaded his bank details on that website. Soon after, the cyber conmen withdrew Rs 89.90 lakh from his account. The victim lodged an FIR on July 24 and we are investigating the matter,” she said.
The DSP did not reveal the name of the victim and said that four other FIRs had been registered in Muzaffarpur where fraudsters had used the same modus operandi to dupe people.
–IANS
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Bengaluru, July 27 (IANS) Social activist TJ Abraham on Saturday accused Karnataka Chief Minister Siddaramaiah’s office of gathering information on him.
TJ Abraham alleged that this was being done to tarnish his image as he had submitted a petition against the CM in connection with the irregularities in the Mysuru Urban Development Authority (MUDA) to Governor Thaawar Chand Gehlot seeking consent for prosecution.
“Let CM Siddaramaiah also know that such efforts will not scare me. In fact, it emboldens me to move with more vigour,” he stated.
Abraham, President of the Anti-Graft/Corruption and Environmental Forum claimed, “It has come to my knowledge that the Chief Minister’s Office through the Intelligence department is trying to collect details of a fine imposed on me by the Supreme Court of India.
“The Intelligence department officials have also been making queries with several media houses and representatives, to gather details. The aim is understandable, to tarnish my image, because I am pursuing the MUDA case against the CM’s family relentlessly.”
“I would like to convey to the Chief Minister through the media, that there was a fine of Rs 25 lakh slapped against me by the Supreme Court in July 2017 over a Public Interest Litigation, which was filed against CM Siddaramaiah’s decision overruling reports and decisions of officers, regarding the construction of a mini Vidhana Soudha, in Kalaburagi District. The matter was widely published in the media all over the country,” Abraham said.
“Ponnanna the Legal Advisor of the Chief Minister is well aware of the issue and he has used it effectively to his advantage, before the Karnataka High Court, too,” he stated.
“Let the Chief Minister also note that I had in-person argued before the Supreme Court and got the fine slashed, which was not reported. The Intelligence department sleuths are free to come to my residence and seek any clarification, regarding anything and any issue that they would like to know, which shall be provided to them, without any hesitation,” Abraham stated.
–IANS
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