SC tells EC to ‘continue to consider Aadhaar, voter card’, no stay on Bihar SIR

In its July 10 order, the apex court had asked the EC to consider Aadhaar, voter ID and ration cards for the purpose of updating the rolls, but left it to the discretion of the poll body whether to accept or reject them.

Asked about the Court order, EC sources said no directions had been issued to it, so the SIR procedure, including the documents mentioned in the indicative list, remained unchanged.

Addressing Senior Advocate Rakesh Dwivedi, who appeared for the EC, Justice Kant said: “In the last order, there is a very good suggestion to consider Aadhaar and EPIC… As of now, the two documents (Aadhaar and EPIC) have a presumption of correctness, because these are authenticated documents. So you proceed with these two documents…”

Cases of forged documents can be dealt with on a case-to-case basis, the Court said. “Wherever you find forgery, that’s on a case-to-case basis. Any document on Earth can be forged,” Justice Kant said, adding that there “should not be en masse exclusion”, but “en masse inclusion”.

At the very outset, Justice Kant said he had an administrative meeting scheduled and might not be able to hold court for the rest of the day. He asked the parties to inform how much time they would need to argue, and said the Court would fix a date for hearing.

Senior Advocate Gopal Sankaranarayanan, appearing for petitioner Association for Democratic Reforms (ADR), said the EC “had violated the Court’s order” as far as considering Aadhaar and EPIC cards went.

Justice Kant referred to the counter affidavit filed by the EC and remarked that the poll panel has not rejected the two documents.

Sankaranarayanan replied that “factually, on the ground, they are not accepting”.

Justice Kant said: “It seems their stand is that the list of documents which initially excluded Aadhaar is not exhaustive, and following this Court’s direction or advice, these documents will also be accepted.”

Dwivedi, appearing for the EC, said: “What we have said is that as far as ration cards are considered, we have difficulty in accepting… (due to) large-scale (forgery)… As far as the EPIC card is concerned, the pre-filled enumeration form includes the EPIC number… EPIC is being considered, but since the electoral roll is being revised, EPIC cannot be conclusive… because this is a Special Intensive Revision.”

Justice Bagchi said the EC can take it into account if someone submits an enumeration form with Aadhaar and, if necessary, issue a notice thereafter.

“Maybe one in a thousand cases, you will find this EPIC card is also forged, that can be (dealt with) on a case-to-case basis,” said Justice Kant. “For that matter, any document on this Earth can be forged. Then Aadhaar can also be… So, as of now, the two documents (Aadhaar and EPIC) have a presumption of correctness, because these are authenticated documents. So you proceed with these two documents….”

Dwivedi said the EC was allowing Aadhaar, adding: “What we are saying is that under the Aadhaar Act, Section 9 says that, by itself, it is not proof of citizenship.” He added that the enumeration form mentions Aadhaar.

Justice Kant said, “Tomorrow, not just Aadhaar, may be out of the 11 other documents, 10 are found forged. Wherever you find forgery, that’s (to be dealt with on an) individual case-to-case basis.”

Dwivedi said, “That’s what will happen.”

“Where the mechanism which you have provided, that you issue a showcause notice, that they will have to come and give an explanation, that part will take care (of it). (Not) En-masse exclusion, rather it should be en-masse inclusion,” said Justice Kant.

“You ask for their Aadhaar also. If someone is coming with Aadhaar, you entertain them also,” the judge added, and asked the parties to give a timeline for hearing.

Sankaranarayanan, representing the ADR, urged the Court to direct the EC to “not finalise the roll” in the meanwhile. But Justice Kant pointed out that “earlier order is very clear”. “You were not asking for interim relief. Interpretation, we will decide at the earliest. Tomorrow morning at 10.30 we can tell you, when is the earliest we can hear.”

Dwivedi said what will be released on August 1 is only a draft roll, and people can file objections.

Justice Kant said: “It’s only a draft exercise. It doesn’t take away our power. We will take care of that. We can assure you, yes we will quash everything the moment we agree with you.”

Sankaranarayan urged the Court to say in its order that it will be subject to the outcome. “It is always subject to outcome,” said Justice Kant.

The senior counsel said, “But the problem is, once the draft is published, objections come. You are inconveniencing 4.5 crore people to go and look at the list and give objections on a statutory process.”

Justice Bagchi said that, according to the EC affidavit, “even if the enumeration forms are not uploaded with relevant documents, they are going to put up your name with these objections”.

The court asked the parties to submit the timelines for submission of arguments Tuesday morning, after which it would fix the date of hearing.