Bihar Special Intensive Revision (SIR) Case- Supreme Court Hearing-Live Updates

Sibal: That's our argument. Crores likely to be excluded. October is the election, why should they do it? They say in their counter they didn't do an enquiry. 7.9 crores voters in total...they say 7.24 crores have furnished forms...22 lakhs dead (this is without enquiry)...7 lakhs already enrolled...

J Kant: That means 7.24 crores are alive. 22 lakhs dead. Where are those crores who you say...

Sibal: 4.96 crores are part of 2003 roll...we are left with 4 point something.

Sibal disagrees

Sibal (reads ECI guidelines): draft electoral roll shall contain name of all electors who have filed enumeration forms...names of those who have not submitted forms shall not be included. 2003 is therefore relevant only for documents. after 2003, every year, electoral roll is updated. they have the updated electoral roll

J Kant: If 2025 roll is there, then why SIR?

Sibal: they're excluding those in 2003 from any document being supplied. these are rolls of 2025

Judges discuss

J Kant: we are asking if you're challenging the very process, then you are questioning the cut-off date. Then let's come to whether ECI has such power...if it is held ECI does not have the power, then matter ends

Sibal: That's right. But they also say that if I was in 2003 roll, and I have not filed enumeration form, I will be excluded. I have objection to that also

J Bagchi: Rule 12 says if you're not in 2003 roll, then you have to give documents.

Sibal: Aadhaar, ration, EPIC cards not accepted

J Kant: They're right in saying they can't be accepted as conclusive proof. Under notification, what's the procedure provided when you submit these documents?

Sibal: Just see what's happening

J Kant: very sweeping argument that in Bihar, nobody possesses these documents. Aadhaar and ration card they have?

Sibal: Yes, but they are not accepting it! They say I will not accept Aadhaar as proof of anything

J Kant: These documents would bonafide show you're resident of that area...initial burden shifts from you to them...then they have to verify if your card is genuine. Give them document and let them verify.

J Kant: Bihar is part of India. If Bihar does not have, other states also won't. Which documents are these? If there's central govt employee, any identity card/document issued by local/LIC

Sibal: They are saying it can't be ascertained. Come to birth certificate - only 3.056% have it. Passport - 2.7%...14.71 have matriculation certificate...

J Kant: there must be something to prove that you're citizen of India...everybody possesses [...] certificate, you need it to buy SIM. OBC/SC/ST certificate...

J Kant: where does the form say that all documents should be there?

Sibal: Basic thing is missing

J Kant: Is it truth or apprehension - let's see. Idea is to facilitate...we will come to Aadhaar card. It says 'From the list given below'...it's not necessary that you have to give all documents

Sibal: Bihar people don't have these documents, that's the point

Sibal: what have they asked in enumeration form? None of this. Look at the enumeration form, which they say they have asked people to fill. This has nothing to do with Form 4. Entire exercise is contrary to law, they have no power to do this

Sibal: J Bagchi mentioned that at the stage of form 4, this is the requirement...4 is the draft...if I am excluded and want to be included, I fill form 6

J Bagchi: on the basis of these reports, the BLO prepares a draft roll in terms of rule 10

Sibal: Please see form 4, what they require from me. Names and particulars - name of citizen, particulars of father/mother/husband, age, signature.

Bench re-assembles