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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.

Bengaluru: JD(S) leader H D Kumaraswamy on Sunday said he would like to wait for the facts to come out of the investigation into an alleged sex scandal involving his nephew and Hassan MP Prajwal Revanna, but asserted that there is no question of forgiving anyone who has committed a crime as per law.

The former chief minister said he has nothing to do with Prajwal Revanna reportedly leaving the country, and it is the responsibility of the Special Investigation Team (SIT) to get him back if required.

The 33-year-old Prajwal Revanna is the son of former prime minister and JD(S) patriarch H D Deve Gowda's elder son H D Revanna, who is an MLA and former minister.

Some explicit video clips allegedly involving Prajwal Revanna had started making the rounds in Hassan in recent days.

Prajwal Revanna is the BJP-JD(S) alliance's candidate from Hassan, which went to polls on Friday.

Kumaraswamy said, "I have noticed that the chief minister has ordered an SIT probe. Whether it is me or Deve Gowda (his father), we have always conducted ourselves respectfully towards women and have responded positively when anyone came with any sufferings. We have tried to address them."

Speaking to reporters here, he said, "The Hassan related issue that started during elections, let the facts come out through a probe. Whoever it is, who has committed the mistake as per the law of the land...there is no question of forgiving anyone who has committed the mistake. So let the facts come out from the probe, after that I will react."

To a question on Prajwal Revanna going to a foreign country, Kumaraswamy said, "It is not related to me. SIT probe has been ordered, officials have been put to work. If he has gone to a foreign country, getting him back is their responsibility. What should I say, if I'm asked. They (SIT) will get him, don't worry."

Chief Minister Siddaramaiah announced the decision to constitute a SIT to probe the alleged sex scandal involving the MP.

Meanwhile, the police have information that Prajwal has left the country, according to a statement issued by the Chief Minister’s office.

"Prajwal Revanna’s explicit video clips are being circulated in Hassan and it appears prime facie that women were sexually assaulted,' the statement said, adding that the government decided to form an SIT based on a petition by the chief of the Karnataka State Commission for Women.

The Commission's chairperson Dr Nagalakshmi Chaudhary on Thursday wrote to Siddaramaiah and state police chief Alok Mohan, seeking a probe into the videos that are in circulation in Hassan.

Prajwal has through his election agent lodged a complaint with the authorities that the videos are "doctored" and being circulated to tarnish his image ahead of elections.

New Delhi: The Aam Aadmi Party on Saturday alleged that Delhi Chief Minister Arvind Kejriwal is being pushed towards a “slow death” inside Tihar jail by denying him insulin and consultations with his doctor.

Kejriwal, who has Type-2 diabetes, has been asking for insulin and a video conferencing with his family doctor but his requests are being denied by the jail administration, party spokesperson Saurabh Bharadwaj said in a press conference.

"I want to say with full responsibility that a conspiracy is underway for the slow death of Kejriwal," Bharadwaj claimed citing blood sugar readings of the Chief Minister in jail.

He also slammed the Tihar administration, BJP, Centre and Delhi LG for allegedly denying insulin to Kejriwal and said the Delhi Chief Minister had been suffering from diabetes for the last 20-22 years.

On Friday, the chief minister council Senior advocate Abhishek Singhvi said Kejriwal has not been administered insulin to control his sugar levels since his arrest, terming it “shocking” and “alarming”.

The ED had on Thursday claimed before the court that Kejriwal was eating food high in sugar like mangoes and sweets every day, despite having Type-2 diabetes, to create grounds for medical bail.

Kejriwal, however, refuted the ED’s claims by asserting before a court that the food he consumed was in conformity with the diet chart prepared by his doctor.

“Out of 48 meals sent from home, only three times mangoes were there…,” Singhvi told the court.

Bharadwaj said Kejriwal was allowed by the court to use a machine in the jail to monitor his daily blood sugar levels.

"Overall, it was a conspiracy to finish Kejriwal so his multiple organ damage and when he comes out of jail after 2-4 months he goes for treatment of kidney, heart and other organs," said Bharadwaj, who holds the portfolio of health in Delhi government.