SIR in Bihar: Accept Aadhaar along with voter ID, SC tells EC
to proceed to authenticate voters based on Aadhaar card and Electors Photo Identity Card (EPIC) and said that Special Intensive Revision (SIR) of electoral rolls in the state should be aimed at en masse inclusion rather than en masse exclusion.
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A bench of Justices Surya Kant and Joymalya Bagchi, however, turned down the plea for putting a stay on SIR exercise. Instead, the court said it would hold daily hearings to enable an expeditious ruling on the issue.
To EC's argument that Aadhaar was not a conclusive proof of identity, the court asked which single document gave conclusive proof and told the commission to accept Aadhaar along with EPIC for verifying a voter's credentials.
The court in its July 10 order had said, "It would be in the interests of justice if the EC also considers the following three documents such as 1) Aadhaar card; 2) EPIC issued by EC, and 3) Ration card, as these documents would satisfy most of the voters."
Senior advocate Gopal Sankaranarayanan, arguing on behalf of petitioners, told a bench of Justices Surya Kant and Joymalya Bagchi that the EC is still not considering these three documents to authenticate the voters and could lead to mass exclusion of names of persons from voters list.
For EC, senior advocate Rakesh Dwivedi and Maninder Singh told the SC that the commission had difficulty in accepting ration cards as proof of voters because of large-scale irregularities found earlier. "The revision forms given to people are pre-filled with their EPIC numbers. Since EPIC is not a conclusive proof, the voters must show some other document to authenticate names on the voter list."
'The revision forms given to people are pre-filled with their EPIC numbers.
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Since EPIC is not a conclusive proof, the voters must show some other document to authenticate names on the voter list.'
The bench said, 'None of these documents can be said to be conclusive proof of identity. Which is that document giving conclusive proof? Why would you not accept Aadhaar as a conclusive document alongside EPIC? Any document, including Aadhaar can be forged. So, proceed with (SIR while accepting) Aadhaar and EPIC'
When Dwivedi raised the apprehension that Aadhaar too could be forged, the bench said the EC can prosecute individuals who attempt to authenticate their names as voters by providing forged documents.
'An exercise of this nature cannot be for en masse exclusion. It should aim for en masse inclusion,' the bench said.
Sankaranarayanan said till the time the issue about documents relating to SIR is decided by the SC on adjudication of the petitions, the EC should not proceed with the exercise. Justice Kant-led bench said, 'The earlier order is clear – there cannot be any interim order in this case.'
The senior counsel persisted for maintenance of status quo or clarification that SIR would be subject to outcome of petitions in SC. The bench said if it agreed with petitioners, then it had power to quash SIR.
'We need to hear the petitions as expeditiously as possible. Counsel for petitioners must give by Tuesday a schedule detailing the time to be taken by each counsel. We will hear it on a day-to-day basis,' it said.
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