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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

Karnataka Chief Minister Siddaramaiah on Wednesday attacked the BJP over the obscene video case in Hassan district by questioning who gave the accused Prajwal Revanna a visa to go abroad. He also hit out at Union Minister Amit Shah asking why did he gave a ticket to Hassan JD(S) MP Prajwal, who is the accused in the sex scandal case. 

He alleged that former Prime Minister and JD(S) supremo H D Deve Gowda planned the escape of his grandson and Hassan MP Prajwal Revanna abroad. 

“Who gives passport and visa for travelling abroad? It’s the Centre. Can he go without the Centre’s knowledge? It was former Prime Minister H D Deve Gowda who planned and sent him abroad,” the Chief Minister said.

"Prajwal pen drives case is not related to DCM DK Shivakumar. Why did Amit Shah give a ticket to the accused of a sex scandal?" he questioned.

Siddaramaiah also wrote to Prime Minister Narendra Modi requesting him to direct the Ministry of External Affairs and Ministry of Home Affairs to cancel the Diplomatic Passport issued to Prajwal Revanna and ensure his return to face the law.

Prajwal is accused in an alleged sex scandal which is under investigation by a Special Investigation Team (SIT) constituted by the Karnataka government. He is believed to have escaped to Germany shortly after polling in the first phase of elections in the state got over on April 26, in which Prajwal was the JD(S)-BJP combine's candidate from Hassan. 

The Karnataka CM said that SIT will conduct an investigation in a transparent manner in the case.

Earlier, Siddaramaiah wrote on X, "The government has decided to form a special investigation team in connection with Prajwal Revanna's obscene video case. Obscene video clips are circulating in Hassan district, where it appears that women have been sexually assaulted."

The JD(S) on Tuesday, April 30, announced that former Indian Prime Minister HD Deve Gowda's grandson Prajwal Revanna has been suspended from the party temporarily until allegations against him over sexual abuse are probed.

Revanna and his father HD Revanna, also a JD(S) MLA, were booked on Sunday by the police for sexual harassment and criminal intimidation based on a complaint from a woman, who worked in their household.

"We welcome SIT against Prajwal Revanna. We've taken a decision to recommend our party's national president to suspend him from the party till the SIT investigation is completed, " JD(S) core committee president GT Devegowda said.

Revanna currently is not in India. Opposition members raised concerns over how he was allowed to leave the country.

"A decision was already made. Tomorrow it is to be recommended at the core committee meeting in Hubballi. Because he (Prajwal) is a Member of Parliament, it has to be done from Delhi. So I had requested Deve Gowda (JD(S) National President and former PM). Neither he (Gowda) nor I were aware of this issue," party chief H D Kumaraswamy has said yesterday. "Some issues have come out, based on that it has been decided yesterday itself to suspend (him). But many were in a hurry."

Prajwal, 33, represents the BJP-JD(S) alliance in the Lok Sabha election in Hassan, which happened on Friday.

Kumaraswamy alleged that Congress was manipulating facts to destroy the image of his family amid the controversy over the 'obscene' video case against his nephew Prajwal.

"We are not going to protect him, we will take severe action but the government's responsibility is more," Kumaraswamy said.

"This is the manipulation of Congress to destroy the image of our family. What is the role of Dewegowda Ji or me? We are not responsible for all those things. This is the individual issue of Prajwal Revanna. I am not in contact with him (Prajwal). It is the responsibility of the government to bring him before the law. Morally we have decided to make some decisions," Kumaraswamy told reporters on Tuesday.

Prajwal Revanna sex scandal

The state government under CM Siddaramaiah has formed a Special Investigation Team to look into the matter. In recent days, certain explicit video clips purportedly featuring Prajwal have circulated in Hassan.

In response, Revanna stated his willingness to cooperate with any investigation regarding the allegations of sexual abuse against his son and himself. He affirmed their readiness to accept any legal consequences if the accusations are substantiated.

Prajwal's father HD Revanna said that his son would appear for an SIT probe whenever he is asked to.

A case of sexual harassment and stalking was registered on Sunday against HD Revanna and Prajwal Revanna at Holenarasipur police station based on a complaint by their cook.

The complainant said she is a relative of Revanna's wife Bhavani.

She claimed that four months into her employment, Revanna began sexually harassing her, while his son Prajwal engaged in video calls with her daughter, engaging in "vulgar conversations."

She also alleged that there is a threat to her life as well as other members of her family.