New Delhi: A bench of Supreme Court [SC] on October 9 expressed its displeasure over an affidavit submitted by senior advocate Prashant Bhushan which allegedly contained false information.
The bench asked the Bihar State Legal Service Authority (BSLSA) to issue directions to its district-level body for assisting voters excluded from the final electoral rolls after the Bihar Special Intensive Revision (SIR) exercise in filing appeals with the Election Commission of India (ECI).
BSLSA, is to issue necessary communication to the District Legal Services Authorities to ensure the availability of paralegal volunteers and legal aid counsels who can assist the excluded persons in filing appeals, said a bench of Justices Surya Kant and Joymalya Bagchi on Thursday.
The bench passed the order after noting that there were discrepancies in the affidavits submitted before the top court by advocate Prashant Bhushan.
The bench expressed its displeasure with senior advocate Prashant Bhushan, appearing for Association for Democratic Reforms [ADR] for submitting an affidavit from a petitioner that allegedly contained false information.
The bench during the hearing expressed its displeasure with Bhushan for handing over the person’s affidavit without due verification. “The person should have disclosed correct information…we do not appreciate this,” said Justice Surya Kant.
Expressing similar sentiments Justice Bagchi too emphasized on the responsibility involved in tendering documents with the court, saying that “when a document was handed over across the bar, there should have been more responsibility.”
The bench comprising of Justices Surya Kant and Joymalya Bagchi were addressing concerns over alleged wrongful exclusions from Bihar’s final voters’ list. The affidavit, filed by the ADR represented by Bhushan claimed that an individual’s name, present in the draft electoral roll, had been illegally deleted in the final list.
Appearing for Election Commission of India [ECI], senior advocate Rakesh Dwivedi, however vehemently refused the claim, stating that the said person’s name was never in the draft list as he did not submit the required enumeration form.
Dwivedi added that a false affidavit has been filed which amounts to perjury, urging the court to hold the organization accountable. “The organisation must satisfy itself of the affidavit before throwing it on the court,” he remarked. Dwivedi further added that excluded people can file appeals, as there is still a window of five days available for them.
In response Advocate Prashant Bhushan replied that the affidavit was provided by a responsible person and the Legal Services Authority could verify its genuineness. He also claimed to have affidavits from 20 other affected individuals ready for submission.
However, Justice Bagchi remained skeptical about other affidavits, saying, “After our experience with this affidavit, we don’t know how authentic the others will be.” The judge further criticized ADR for not cross-checking whether the person’s name appeared in the draft list before filing.
The apex court was hearing a batch of petitions challenging the poll panel’s move to conduct SIR of electoral rolls in Bihar. The matter is next posted for hearing on Thursday.
(With inputs from agencies)
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