Petitions Challenging Special Intensive Revision : Live Updates From Supreme Court

Sibal refers to RP Act, S.16: A person shall be disqualified for registration if he is not a citizen of India, or is of unsound mind, etc. All items decided by orders made by others. Nothing to do with BLO. Therefore, the issue of citizenship is to be decided by another authority, not BLO. This whole question is completely erroneous. Will continue tomorrow.

Adv Vrinda Grover: Whether ECI has jurisdiction under S.21 - and to conduct in this manner - will address on that.

Bench rises.

CJI: Assam has its own uniqueness, different kind of challenges

Bhushan: Assam SIR says...there's a section called (d) voters (doubtful voters)...ECI has always said it's not job of ECI to determine citizenship...if you see (d) voters...

CJI: Assam is the only state where you have Foreigners' Tribunal. Probably it's to protect rights of persons

Bhushan: Can ECI officers determine citizenship without any order? Every case may not have been referred to Tribunal. ECI is saying for purpose of voters' list, citizenship has to be referred to Tribunal. FT not restricted to Assam.

Sibal: These days you have softwares you can use. They can show duplicates

J Bagchi: Duplicates, but not dead. Dead voters need to be weeded out. Dead persons' votes go to political party with [strength]

Sibal: In Assam, they are following what we are saying. No enumeration form.

J Bagchi: We don't find a degree of impact on ground level. There were deletions, but no challenge by individual voters

Sibal: If the BLO suspects anything, he has to put evidence to me. Because it is he who suspects. When a person goes to vote, finds his name is not there, what does he do then

CJI: We should give full credit to media. Every day there were media reports. Remotest area people knew what's happening. Can someone say for that process that I was not aware?

Sibal: I am only on process.

Sibal: I am on inherent power of BLO. He can't decide whether I am citizen or not

J Bagchi: He is not deciding if you're citizen. He is verifying that you're born on xyz day, at xyz place...

Sibal: Millions will not have the certificates

J Bagchi: That's why we included Aadhaar as one of the documents. There will always be post-decision hearing

Sibal: Where is the post-decision hearing? tell them to show where they have given notice to us and appeal provided. Who was given these on ground?

CJI: Initially impression given about Bihar was lakhs were about to be deleted...we were also apprehensive...what happened ultimately?

J Bagchi: If there is power with ECI, will it not be incongruous to say...there will always be jurisdiction inherent in the authority to examine the entries/documents...

Sibal: I agree what your lordships are saying. I am saying there must be some element of proof. Otherwise it (ECI) will ask every elector to show how you're citizen. If somebody else objects, there's a process. If BLO objects, what's the process?

J Bagchi: Somebody can give false information to BLO. Survey is not 100% correct

Sibal: My grievance is persons have been asked to fill enumeration form

J Bagchi: EC has right under s.23 to go into a survey

Sibal: Never done in the past

J Bagchi: That is not really relevant

Sibal: I am not on lack of jurisdiction, I am on process. I accepted they have power. The process is unreasonable, is what I said

J Bagchi: You say SIR is hasty, unreasonable.

CJI: They would go to some forum

Sibal: Crores of electors, how many volunteers can there be? Please appreciate the psyche. What can they do when the name is cut off

CJI: In rural areas, voting day is a celebration. They are very vigilant

Sibal: Question is who is voting for whom and how. I am sorry to say this. No doubt many names were deleted. We brought to you people who were alive but shown as deleted. How did the BLO decide they were dead? There has to be some explanation.

Sibal: Please see the declaration...that's enough. Place of birth and residence is there in Aadhaar. Let's assume you want to deny me. Not resident of the area - form 8 comes in

CJI: Declaration is quite comprehensive...

Sibal: Please see, BLO has to go to his house. Under law, documentation burden cannot be on elector. That's how special revision is done. It's house-to-house visit by BLO. Exercise of getting data cannot be completed in 2 months. No way

CJI: If suppose law permit initiation of a process, the maybe an authority may take 4 months. Issue of extension of time is something different. Annulling a process on the basis that authority can't do within xyz months is different. We experienced a strange thing in Bihar. We kept on directing, sent our paralegal volunteers...nobody came forward to say I have been excluded

Sibal: There are any no. of people. Please see reality of our country. You think in far removed areas would know how to fill enumeration form?

Sibal: Whole exercise or any commission post-independence must not be exclusionary. Otherwise, it will be unconstitutional

Second point: the fact that you have an Aadhaar does not mean you're citizen of India. I can vote if I am citizen of India, ordinarily resident, and over 18 yrs. Residency and age will be reflected in electoral roll. So my submission is, an exclusion of name must follow a process, which is reasonable and fair

Third issue is citizenship. Under Form 6 and 7, a self-declaration is accepted as proof of citizenship. Aadhaar is proof of DoB, not citizenship.