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

Sibal: they have included dead persons!

J Kant: Where are the aggrieved persons? Please give us a list. if a person is stated to be dead but is alive, we will take them (ECI) to task

Sibal: In each booth, that error is there. How can we find out...this is NOT FAIR

J Kant: If you're questioning the very initiation of SIR...

Sibal: They can't do it in this manner is what I am saying.

Sibal (argues based on Rules): I don't have to prove anything. Person who is objecting to my inclusion has to prove.

Sibal: None of this done. Now kindly come back to the Rule

J Kant: None of this done means what?

Sibal: They're not accepting Aadhaar, if I say I'm citizen, burden is on them - but none of this has happened. It says only info is to be given

Sibal refers to Rule 13 (every objection to proposed inclusion of name shall be in form 7 and preferred by some person whose name is in the roll...): Please see Form 7 and you'll see where the problem is.

Sibal: please see Form 5. This is a notice he has to put up. Kindly come to Rule 12...every claim for inclusion of name in the roll as new voter shall be in form 6 and signed by the applicant. Please see the Form. It says Aadhaar details. That's the requirement for an intensive exercise. Self-attested copy of age proof, document for proof of date of birth - item 2 is Aadhaar - which they have excluded. If none available, please specify DOB and ordinary residence are the only requirements.

Sibal: Where the roll is to be intensively revised for any year, then it shall be prepared afresh in terms of...

J Kant: So only difference is Rule 4(2) won't apply in case of summary revision

Sibal: No letters, or Form 4 sent [to occupants of dwelling houses] as per Rules. No documents taken. Please see Rule 10 (publication of roll in draft form).

Dwivedi: About person being dead/alive...they can move an application and seek correction

Sibal: Wife is saying they (ECI) were told (about person being alive/dead). It's all on video!

Sibal: In one small constituency, there are 12 people who are shown to be alive when they are dead. There are others who are dead who are shown to be alive. BLO hasn't done any exercise. WHAT ARE THE BLOs DOING?

J Kant (to ECI): We are going to need some facts and figures

Dwivedi: this is a draft roll. We have given notice that please submit your objections, correction applications. Some defects are bound to be there.

Gopal S: J Bagchi last time said we will be protected if there is mass exclusion. Mass exclusion has now come to be - 65 lakh voters

J Kant: That will be determined by facts and figures.

Sibal: Any person born after 1950 who is not born between 1987 and...after 2003...is under the Constitution deemed to be citizen of India

J Kant: You want to argue the main case on merits? Or on whatever steps are being taken...

Sibal: Time is short, so I will point out process being followed. Integrity in question

J Kant: Such a process can or cannot be issued is one part. Second part is legality of the process.

Hearing begins

Sr Advs Dr Abhishek Manu Singhvi and Shadan Farasat also appearing for petitioners

Sibal: I won't take too much time

Dwivedi: I need to point out. yesterday an IA has been submitted to us. They've annexed 200 pages

J Kant: Will grant you time.