SC defers hearing on ADR’s application to check EVMs
The Supreme Court postponed hearing on EVM verification to February 11, amid concerns over compliance with its previous order by the Election Commission.
The Supreme Court on Tuesday deferred till February 11 hearing on an application seeking checking and verification of the microcontrollers or burnt memory contained in the electronic voting machines (EVMs).
A bench of Chief Justice of India (CJI) Sanjiv Khanna and justice Dipankar Datta took up the application filed by the Association for Democratic Reforms (ADR), which cited the top court’s order on April 26 last year providing for checking and verification of burnt memory/microcontrollers in the EVMs.
ADR, however, alleged that the apex court’s order was not being followed.
“The purpose of the directions passed by this court was to ensure that there is no malicious software and to allow a candidate and his representative to access the burnt memory in presence of the expert engineers of the manufacturers of EVMs. The absence of any standard operating procedure (SOP) for checking of burnt memory blatantly disregards the directions passed by this court,” the ADR’s application, filed by advocate Prashant Bhushan, said.
It added that the “wilful non-compliance by the ECI (Election Commission of India) of the directions passed by this court shows reluctance on the part of the ECI to subject the burnt memory/microcontroller from any scrutiny whatsoever.”
The top court’s order came on a plea filed by the ADR, seeking complete verification of EVM with voter verifiable paper audit trail (VVPAT).
The poll body, represented by senior advocate Maninder Singh, pointed out that a similar petition was heard last month filed by candidates who stood second in the Haryana assembly polls demanding the same prayer. He was apparently referring to a petition filed in December by five-time former legislator Karan Singh Dalal, who contested the Haryana assembly polls.
Another lawyer Aljo K Joseph pointed out that an identical petition seeking similar relief against ECI has also been filed by one Anil Kumar and the same is awaiting listing.
The bench directed both files — Karan Dalal v ECI and Anil Kumar — to be listed along with the ADR application on February 11.
The ADR application also sought directions for conducting checking and verification of the Symbol Loading Unit (SLU) as part of the EVM infrastructure and a specific direction to ED not to clear/delete the contents of the original burnt memory of EVMs where applications for checking and verification are pending.
