Largely a trust deficit issue: SC on Bihar SIR
Supreme Court
on Tuesday while presiding over a clutch of pleas challenging the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar verbally observed that "largely it appears to be a case of trust deficiency".
A division bench comprising Justices Surya Kant and Joymalya Bagchi also told the counsels for petitioners that they should "agree" with the claim of
Election Commission of India
(ECI) that a "detailed inquiry is not required" for the purpose of preparing draft rolls. "That is right," Justice Kant verbally observed.
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The bench went on to question the petitioners if it was their argument that Aadhaar is a proof of citizenship. "Do we presume that it is your argument that Aadhaar is proof of citizenship?" the bench asked one of the counsels for the petitioners.
Referring to the Aadhaar Act, the bench said that ECI was right in submitting that Aadhaar is not a conclusive proof of citizenship. The argument by petitioners that electors in Bihar do not have a majority of documents sought by ECI as proof did not find favour with the bench. "Largely, it appears to be a case of trust deficiency...Bihar is an integral part of India. If people in Bihar do not have (the documents), then people in other states won't also have," Justice Kant orally observed. He added that it is a "sweeping argument" to claim that people in Bihar do not have documents. Then what will happen in rest of India?". The bench questioned senior advocate Kapil Sibal, counsel for one of the petitioners, that an individual without any documents of his citizenship can be accepted merely because he is residing in Bihar.
The bench added that it was within the remit of ECI to find out "bogus voters" if any. The SC further observed that the inclusion and exclusion of citizens and non-citizens from the electoral rolls also falls within the remit of ECI. Justice Kant orally observed that ECI has the right to verify documents furnished by an elector. Sibal argued that the integrity of the process is under question. He argued that in one small constituency, 12 electors shown to be alive are actually dead. And others who are dead but have been shown alive.
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Psephologist Yogendra Yadav also addressed the bench. He argued that the SIR by design was leading to mass exclusion. He dubbed the entire exercise as "dreadful" and claimed that the SIR was the largest exercise of "disenfranchisement". He also produced a man and a woman in the court who are reportedly shown dead in the draft roll. The case will come up for resumed hearing on Wednesday.
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