A Calcutta High Court division bench headed by acting Chief Justice Sujoy Paul on Thursday issued an order asking the Election Commission to file an affidavit by November 29 stating what need was there for the special intensive revision of
electoral rolls.
The order followed a public interest litigation seeking SIR under the monitoring of the court and sought an order asking the poll panel to extend the time for furnishing proof for submitting SIR-related information.
Appearing for the petitioner, advocate Sabyasachi Chatterjee said: “There have been intimidation and threats of deletion of names of many legitimate voters. So the BLOs are apprehending harassment.”
Claiming Bengal’s situation was unlike Bihar, Chatterjee said: “A number of people here in Bengal reportedly committed suicide anticipating they would be declared illegal voters.
“I am not challenging the SIR, but the question is on the process of implementation. The ECI should have considered the present electoral roll instead of 2002. The Representation of the People Act is saying so,” Chatterjee said.
The acting Chief Justice then asked whether the Election Commission was following the guidelines framed by the Supreme Court during the SIR exercise in Bengal.
Rakesh Dwivedi, the counsel appearing for the poll panel, said: “Yes. The order of the Supreme Court is being followed, and Aadhaar cards are being considered as one of the 12 documents. But it is not a proof of citizenship.”
He claimed that the petition was not maintainable for hearing as a matter was already pending in the Supreme Court.
Appearing for the state, Kalyan Banerjee said Bengal had already filed a matter at the apex court to challenge the process of the SIR.
He said: “The state is ready to file an affidavit in this regard. But the court should give the state time.”
After hearing the parties, the acting Chief Justice said: “There is no need for any interim order at this stage. The EC is directed to file an affidavit by 10 days stating the need for the SIR. The matter will be listed on November 19.”