Mamata Banerjee To Argue Plea Against WB SIR : Live Updates From Supreme Court
West Bengal Chief Minister Mamata Banerjee will appear in the Supreme Court today for the petition filed by her against the SIR process in West Bengal.The matter is before a bench led by CJI Surya Kant.Banerjee has filed a writ petition in the Supreme Court against the Election Commission of India, challenging the Special Intensive Revision (SIR) process ongoing in the State.The petition...
West Bengal Chief Minister Mamata Banerjee will appear in the Supreme Court today for the petition filed by her against the SIR process in West Bengal.
The matter is before a bench led by CJI Surya Kant.
Banerjee has filed a writ petition in the Supreme Court against the Election Commission of India, challenging the Special Intensive Revision (SIR) process ongoing in the State.
The petition was filed on January 28, stating that the ongoing process will result in "large-scale disenfranchisement" caused by "the opaque, hasty, unconstitutional and illegal actions of the ECI."
The petitioner has alleged serious irregularities in the classification of individuals under the 'Logical Discrepancy' (LD) category, claiming that the list of such persons has not been uploaded online despite directions of the Court.
Mamata Banerjee has contended that the failure to publish the LD list on the official portal has deprived affected persons of transparency and an effective opportunity to respond. Expressing lack of confidence with the SIR process, Banerjee has sought a direction that the polls be conducted based on the existing rolls prepared last year.
Follow this page for live updates from the hearing.
CM: 58 lakhs deleted - they did not have option to appeal. Only Bengal is being targeted- to bulldoze WB people. LD case - not to be deleted. They should be cleared by DO and ERO, not by micro observers
CJI: Probably once officers are made available, micro observers won't be required. [to ECI] Tell your officers also to be sensitive and not issue notice to...
Order: During the hearing, it is pointed out by ld. SG that ECI has filed counter affidavit in...which may have some bearing...ordered to be taken up with these cases on Monday
CM: Sir we are very grateful.
Dwivedi: There's no problem of time
CJI: We have been extending time
CM: My lords...may I tell you sir...my opponent lawyer said...it's not correct
CJI: Madam Mamata, we have no doubt about ability of Mr Diwan...your point is well taken
CM: It depends on district...SDM depends on district...whatever strength we have, we have provided...they are telling what I don't believe
CJI: We can find out practical solution. On Monday, give us list of Group B officers you can spare and provide to them.
Order: Issue notice.
Dwivedi: We have written several letters to state govt to give us class 2 officers...so that EROs can be appointed. They have given about 80 officers of that rank, others of lower rank. Therefore we had to appoint micro observers. Fault lies with them. Micro observers validly appointed.
CM: There are no statutory rules
Dwivedi: If the state is not cooperating, there is no other option.
CJI: Aadhaar card has its own limitations. What will be its value - we are yet to determine. You have pointed out issue of LD. Team of officials can be given, ECI can take them for verification...we will grant them 1 day time
CM: ERO has no power. They have superseded all power from ERO...8300 micro observers...from BJP ruled state...micro observers can delete all names sitting in office...they have not allowed to file Form 6...lakhs deleted...so many people alive declared dead...they are anti-women
CJI: We will direct every document will be signed by BLO who are authorized
SG Tushar Mehta: Govt is a party in one matter.
CM Mamata Banerjee: SIR process is only for deletion. Mismatch not only in title sir...unplanned...suppose daughter after marriage goes to in-laws house...why she is using husband's title...that is also mismatch
CJI: That can't be
CM Mamata Banerjee: That's what they have done...there are some daughters who shifted to in-laws house...their names also deleted...sometimes poor people shift...because of logical discrepancy...Bengal people are so happy that this court gave order that Aadhaar will be one of documents...other states, domicile certificate is allowed...caste certificate is allowed...they only targetted Bengal on eve of elections. 4 states going to elections, why after 24 years, what was the hurry to do in 3 months? When harvesting season is there...when people are travelling...more than 100 people died! BLOs died, so many are hospitalized. WHY NOT ASSAM?
CJI: Today, in your petition, addl issues are being flagged. Genuine persons must remain. Among them, one of the ground...we are thankful to you that in your petition, this issue has been raised that because of local dialect...nowadays AI assistance causing...we will find out a solution is this is happening. By virtue of this kind of issue, genuine elector must not be excluded
Sr Adv DS Naidu for ECI: We have not been served with pleadings. We will get instructions in a week
CJI: Week's time will be too late. Entire procedure has a timeline...we have extended for 10 days...out of that, only 4 days left...after that, only 11 days left. We can't grant luxury of 1 week
CM Mamata Banerjee seeks to argue: Respected CJ sir, I can give examples
CJI: In principle if this issue due to local dialect is happening, then what...you have to come out with [solution].
CM Mamata Banerjee: May I explain, I am from that state...I am here because of your kindness...my regards to the bench...thank you very much...humble regards to opposing lawyers also...problem is - when everything is finished, when we are not getting justice, when justice is crying behind the door - then we thought we are not getting justice anywhere. I have written letters to ECI...I am a very less important person, I am not fghting for my party
CJI: State of WB in its own right has also filed a petition. One of the best counsels in this court are there to...Mr Sibal is there...on 19 January, Mr Sibal explained the procedural difficulties of state and where state had genuine apprehension of exclusion of bonafide citizens who are residents of WB.
Sr Adv Kapil Sibal: Mr Dwivedi made a solemn statement that this kind of discrepancy...
Dwivedi seeks time till tomorrow
Bench notes translation difficulties
CJI: if state govt provides team of people who are conversant with Bangla and local dialect...they scrutinize and tell ECI that there's local dialect mistake...it will help.
Diwan: Mr. Chirag Tibrewal...his discrepancy was father's name mismatch...his father's name had 'Kumar' as middle name...[gives another illustration] from Bengali to English, one can lose this...
CJI: Spelling difference is in the name...
Gopal S: 2002 electoral roll was in Bengali, so when they translated
CJI: what's the solution?
Diwan: Name discrepancy is cramping even the available time. This should not be in LD category...look at the inconvenience
CJI seeks Dwivedi's response.
CJI: are you referring to cases for example...one person writes Datta...different people may use different spellings...
Diwan: We have given actual examples regarding Datta, Ganguly, Roy...
CJI: Withdrawing notices - something impractical...
Diwan: Our estimation is, in logical discrepancy case, a majority (around 70 lakhs) are cases of minor name mismatches and/or spelling variations. We have given actual electors.