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High court pulls up Punjab poll panel over audio clip probe, seeks clear directions to ensure fair local body elections

Petitioners argued that without securing phones and other original devices, the investigation was inadequate and susceptible to manipulation

4 min readChandigarhUpdated: Dec 10, 2025 03:27 PM IST

The police said the pen drive was unsupported by any primary source device and that repeated notices to submit the original recording had not yielded results. (File)

The Punjab and Haryana High Court Wednesday questioned the Punjab State Election Commission (SEC) and the state police about the probe into a controversial audio clip that several petitioners claim reflects attempts to influence the upcoming zila parishad and panchayat samiti elections.

The division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry also rapped the authorities for repeatedly handing over documents in court without sharing them with the other side.

During the hearing, the bench was informed that police had issued notices to six people, including Akali Dal leader Sukhbir Singh Badal, and BJP leader Jai Inder Kaur, under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to produce the original device containing the audio clip. Only two people, including advocates Ashdeep Kler and DS Sobti, submitted a pen drive.

The police said the pen drive was unsupported by any primary source device and that repeated notices to submit the original recording had not yielded results. The clip has now been sent to the state forensic laboratory in SAS Nagar for analysis.

The petitioners asked whether the police had obtained a voice sample from Varun Sharma, Senior Superintendent of Police, Patiala. They asked why the Punjab Police investigating agency was focusing on the petitioners instead of seizing the primary devices if they believed the original data was crucial for authentication.

Petitioners argued that without securing phones and other original devices, the investigation was inadequate and susceptible to manipulation. They urged the court to send the clip to the Central Forensic Science Laboratory (CFSL) in Chandigarh instead, citing a lack of confidence in the state lab.

Chief Justice Nagu then asked counsel for the SEC what prevented them from sending the audio clip to a neutral agency, such as the Central Forensic Science Laboratory (CFSL), Chandigarh. The counsel responded that the investigating agency had sent the recording to the Mohali FSL and that it would take punitive action, if needed, based on the outcome of the report.

Authenticity of the clip crucial, notes high court

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The bench noted that the authenticity of the clip was central to the allegations. “If what is said in the tape is correct, the commission must be ready with corrective measures,” the Chief Justice said, indicating that the SEC must act promptly once the forensic report is available.

The court also questioned the SEC on steps taken to ensure a fair election environment, especially in Patiala, from where most petitions have arisen. The commission said the Patiala SSP had proceeded on leave for the duration of the elections.

The counsel further said that the SEC had appointed Indian Administrative Service (IAS) and senior Punjab Civil Service (PCS) officers as election observers in all 23 districts, and six inspector general of police (IGP)-rank officers as police observers. It informed the court that Patiala’s SSP had proceeded on leave for the duration of the election and that another senior officer had been given temporary charge.

Petitioners from multiple political parties, appearing jointly, insisted that eight police personnel named in the clip should not be deployed on election duty until the investigation concludes. They argued that, if genuine, the conversation showed clear attempts to obstruct nominations and influence polling.

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The bench asked the SEC whether it had issued specific directions to prevent such occurrences. The commission said general instructions on ensuring fairness were already in place and agreed to issue additional directions the same day.

Counsel for the state and the SEC told the court that once the forensic report is received, the commission would take action in accordance with the law, including against any officer found complicit.

Punjab Advocate General MS Bedi again argued that the PILs were not maintainable. He also accused the Akali Dal of circulating AI-generated posts about the Congress.

The bench indicated that remedies would remain open to the petitioners even after polling, including through an election petition, depending on the forensic examination’s findings.

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The court is expected to dispose of the matter with directions to the SEC to issue immediate instructions and to continue monitoring the investigation into the audio clip.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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