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

Bench says it will hear the petitioners for half an hour tomorrow

Thereafter, ECI to respond

J Kant: We will try to start at 11-11:15 AM.

J Kant: We will see what's admitted and what's not once we put questions to them (ECI)

Sen: if they are saying there has been a shift, there has to be door-to-door visitation for enumeration. BLOs are govt-appointed officers. What's the accountability of BLAs and volunteers? There are homeless people - how do they determine what their residence is? visits have to be made twice in the night

J Kant: These are practical challenges, but somebody has to find out way out also. It's not as if there's no solution

Sen: In these circumstances, under time constraint, is it a reasonable exercise? rolls existing since years, balance of convenience in my favor.

Adv Nizam Pasha argues.

Sen: Somewhere in June they decide SIR is to be done across the country. No reasoning given for SIR, no inadequacies pointed out. When they are doing intensive revision, BLO will have electoral roll in hand and go house-to-house, talk to people. Today, what they are doing, 'give us enumeration forms, we will decide on the basis of that'

Another counsel (on Bengal SIR): Within 3 days, large no. of electors have been deleted. 3 ladies wanted to commit suicide before HC yesterday

J Kant: Difficult for us to examine individual claims. We will go into broad principles, which will be same for all states, subject to local conditions. (after hearing briefly) when turn of Bengal comes, we will hear you

Sr Adv PC Sen (for petitioners): reason given in the ECI order is migration. Habitual residents in that place need to be seen.

Sr Adv Shadan Farasat argues for petitioners

Farasat: It is to be proved that a person is not the citizen of India. Scope of power under 21(3) - it will take its flavor from 16 and 19. The draft roll has already excluded 65 lakhs people. The draft always has to be the existing roll. Otherwise, people can be excluded without...the beginning point can't be 65 lakh people did not give forms so out they go. THEY HAVE BEEN ILLEGALLY REMOVED. THEY HAVE TO BE BROUGHT BACK

J Kant: Those will include dead persons also. Don't ask us to bring back dead...

Farasat: According to HC, they were alive till June...

Farasat concludes.

Bhushan: Their insistence to do this exercise when it's impossible for any human to do it in such a short time...why this is illegal ab initio is because the manner is completely arbitrary. 240 people in draft roll are with same address in one house! How?

J Kant: 240 people can't be in one house

Bhushan: Now, on interim order...even if ECI can't be heard this week, minimum interim order we need is they should put out the list of these 65 lakhs. They should make this 7.24 crores list available with searchability function, give names of persons recommended/not recommended, and the reasons for deletion

J Kant: Briefly we will try to hear them also.

J Bagchi: the website publication is welcome because it's more accessible...but minimum statutory requirement is...

Bhushan: If this is available to them in electronic form and it can be put up on a website, why should they not do so? They say they have exact reasons for deletion - why should they not be on website? THIS SHOWS MALAFIDE INTENT

Bhushan: They can't decide citizenship. They can refer the issue, but not decide. ECI removed searchable option in draft rolls exactly 1 day after

Rahul Gandhi did that press conference!

J Kant: We have no knowledge of such press conference.

Bhushan: The malafide nature of what ECI is doing is clear from 4 things - (i) they earlier frowned upon such an exercise for other states (ii) their refusal to accept Aadhaar, ration, EPIC cards saying it's not evidence of citizenship (as if other documents are evidence of citizenship) (iii) their refusal to put out the names of 65 lakh persons deleted, with reasons. They say they have given booth level list to some BLAs, why should voter have to go to them to find out if his name is deleted or not? (iv) earlier, draft roll was searchable, this was REMOVED DELIBERATELY AFTER 4 AUGUST SO THAT NOBODY CAN SEARCH.

Bhushan: they are evidence of identity, place of birth...Lal Babu Hussein makes it clear that they can't decide citizenship like this...large no. of people don't have a single document...only matriculation certificate is possessed by about 40% people...but in totality, more than 50% don't have a single document. Even assuming that 10% people are to be given notice, it means 30,000 people per constituency. They will hear, decide everyone in 20 working days!? When they publish final electoral rolls, there is no time to challenge because elections are there...they have achieved fait accompli by finalizing roll in this completely arbitrary manner.