HC orders independent forensic probe into Patiala ‘poll audio clip’

Bench flags concerns over fairness of election process, says Commission should have acted on earlier court warning.

File photo of the Punjab and Haryana High Court.

3 min readChandigarhFeb 5, 2026 09:27 AM IST First published on: Feb 5, 2026 at 09:22 AM IST

The Punjab and Haryana High Court on Wednesday directed that an alleged audio clip linked to disruptions during the Zila Parishad and Block Samiti nomination process be sent to an independent forensic agency outside the control and supervision of the State.

A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry issued a writ of mandamus while disposing of two petitions in the matter, ordering that the electronic material, including the audio recording, be forwarded for examination as part of the ongoing investigation and FIR.

The court also issued directions to ensure that there is no interference with the investigation process.

The bench said the Election Commission’s ultimate objective was to ensure free and fair elections, which could be achieved only if its actions were impartial and transparent. The court noted that it had earlier raised concerns over the fairness of the election process, particularly in Patiala, and had expected the Commission to take corrective steps.

The bench observed that it was surprising that its earlier suggestion to have the electronic material examined by an independent agency had not been acted upon. It said the Commission should have itself forwarded the material to an external agency to remove doubts and complaints surrounding the matter.

During the hearing, the court underlined that the administrative and police machinery functioned under the control and supervision of the Election Commission during the election period. It rejected the argument that jurisdictional limitations prevented the Commission from sending the material outside its domain, stating that all actions taken by the police or other authorities during elections were subject to the Commission’s oversight.

The case stems from petitions seeking an independent inquiry into the alleged conduct of Patiala SSP whose voice was purportedly heard in the circulated audio clip. An FIR has been registered under provisions related to misinformation and offences under the Information Technology Act, and the clip is under investigation.

According to the petitioners, the clip contained instructions to stop political opponents, act on the directions of a local legislator, provide favourable reports for supporters of the ruling party, and ensure rejection of nomination papers to engineer uncontested victories, allegedly in violation of the Model Code of Conduct.

The Election Commission and the State government told the court that forensic verification could not proceed as the original recording device had not been produced despite repeated notices to the complainants. The bench, however, was not persuaded, observing that the Commission had wide constitutional and statutory powers during elections and could even suspend officers functioning under its control.

When the Commission argued that there was no explicit mandate allowing it to refer the matter to an external agency, the court said it possessed ample authority to act in the interest of free and fair elections and asked the Commission to point out any provision that restrained it from doing so.