- The bench said it believes the poll body is following the law and mandatory rules in carrying out the SIR
- The court added, however, that the entire process could be set aside if any illegality was found
- The Opposition and the Election Commission have been at loggerheads over the exercise
Reiterating its stand on the controversial Special Intensive Revision (SIR) of electoral rolls in Bihar, the Supreme Court said the entire process can be scrapped even after the final voter list is published if any illegality is found.
While hearing a petition on Monday seeking a modification of its order in which it had directed the Election Commission of India to add Aadhaar to the list of identity proofs for inclusion in the voters' list, a Bench of Justices Surya Kant and Joymlaya Bagchi said it believes that, being a constitutional body, the poll panel is following the law and mandatory rules in carrying out the SIR process.
At the same time, it said it would intervene and the entire process could be set aside if any illegality was found. "What difference will the final publication of the list make to us if we are satisfied there is some illegality?" Justice Kant remarked.
The court had, on September 8, directed the Election Commission to accept Aadhaar as proof of identity and add it to the list of 11 other documents being used for the purpose. It had clarified, however, that Aadhaar could not be used to establish citizenship.
On Monday, the bench issued notice on the petition seeking modification of this order and fixed October 7 as the date for hearing final arguments on the validity of the SIR process.
Multiple Opposition parties have slammed the timing, intent, and process of the SIR exercise. They allege that the ECI's move, beginning in Bihar just ahead of state elections, is aimed at mass disenfranchisement, particularly of poor and minority communities.
Leader of the Opposition Rahul Gandhi and others, including RJD leader Tejashwi Yadav, also carried out a Voter Adhikar Yatra in Bihar against what they call large-scale vote theft being done to help the BJP with the collusion of the Election Commission. The Opposition has alleged that the Bihar SIR is a big part of this.
Denying all the allegations, Chief Election Commissioner Gyanesh Kumar had asked Mr Gandhi to submit an affidavit stating that they are true, or apologise.
"An affidavit will have to be given or an apology will have to be made to the country. There is no third option. If the affidavit is not received within seven days, it means that all these allegations are baseless," the CEC said.
