Election rule tweaked to restrict public inspection of electronic records
New Delhi, Dec 21: The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV camera and webcasting footage as well as video recordings of candidates to prevent their misuse.
Based on the recommendation of the Election Commission (EC), the Union law ministry on Friday amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.
According to Rule 93, all "papers" related to elections shall be open to public inspection.
The amendment inserts "as specified in these rules" after "papers".
Law ministry and EC officials separately explained that a court case was the "trigger" behind the amendment.
While documents such as nomination forms, appointment of election agents, results and election account statements are mentioned in the Conduct of Election Rules, electronic documents such as CCTV camera footage, webcasting footage and video recording of candidates during the Model Code of Conduct period are not covered.
"CCTV coverage, webcasting of polling stations are not carried out under Conduct of Election Rules but are the result of steps taken by the EC to ensure a level playing field," a former EC official explained.
An EC functionary said, "There have been instances where such electronic records have been sought, citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection and any other document which has no reference in the rules is not allowed for public inspection."
EC functionaries said the misuse of CCTV camera footage from inside polling booths could compromise voter secrecy.
They also said the footage could be used to generate fake narrative using AI.
"All such material is available to candidates, including footage. After the amendment, too, it will be available to them. But other people can always approach the courts to get such electronic records," said another functionary.
Candidates already have access to all documents and papers. Nothing has been amended in the rules in this regard, the functionary added.
Punjab and Haryana High Court, in the recent Mahmoud Pracha vs EC case, had directed sharing all documents related to the Haryana Assembly elections, including treating CCTV camera footage as permissible under Rule 93(2), with Pracha.
The rule mentioned election papers. The election papers and documents do not specifically refer to electronic records, the EC functionaries said.
In order to remove this ambiguity, the rule has been amended to safeguard the misuse of CCTV camera footage of polling stations, an EC official explained.
A law ministry official said all election papers and documents were otherwise available for public inspection.
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Lakhimpur Kheri violence case: SC expresses disappointment over non-production of witnesses in trial
New Delhi (PTI): The Supreme Court on Friday expressed disappointment over the non-production of witnesses in the ongoing trial against Ashish Mishra, son of former Union minister Ajay Mishra, and others in the 2021 Lakhimpur Kheri violence case.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the status report filed before it by the Uttar Pradesh government has not assigned any reason whatsoever for the non-production of witnesses.
It noted that no witnesses have been examined in the trial for the last two months.
"We direct the presiding judge to take lawful measures to secure the presence of witnesses," the bench said.
It asked the trial judge to make an endeavour to conclude the trial in a time-bound manner, and also to file a status report before it.
The trials in two cases related to the incident are going on before a court in Uttar Pradesh.
The bench noted that in the first case, out of 131 witnesses to be examined, 44 have been examined, 15 have been discharged and 72 are still to be produced.
In the second FIR, out of 35 witnesses, 26 have been examined and nine were left, it said.
Senior advocate Siddharth Dave, appearing for Ashish Mishra, said that as per the latest status report filed by Uttar Pradesh, 44 witnesses have been examined so far in the first FIR.
"No witnesses have been examined in the last two months," Dave said.
He argued that the last status report filed by the state in March also said that 44 witnesses had been examined.
"What have you done from March till today?" the bench asked the counsel appearing for Uttar Pradesh.
The state's counsel said that 3-4 witnesses were summoned for the recording of their deposition during the trial.
The bench said at least 7-8 witnesses should be summoned instead of three or four for a day, so that even if some of them do not turn up, the trial court could proceed with the recording of statements of those appearing before it.
The top court also wondered how official witnesses can remain absent during the trial.
"We are disappointed to note that the so-called status report does not assign any reason whatsoever for non-production of witnesses...," the bench said.
Advocate Prashant Bhushan, appearing for the relatives of the farmers who were allegedly mowed down in the incident, said the apex court will have to do something regarding the manner in which the trial was going on.
The bench noted that besides the two FIRs, another FIR was registered in October last year concerning alleged witness intimidation.
It said that, as per the state's status report, the chargesheet was filed against the main accused in that case.
The bench noted that the status report reveals that, as far as Ashish Mishra is concerned, his alleged role in the third case is still being investigated.
The top court directed the investigating officer of the third case to conclude the pending probe and ensure that the appropriate report is filed before the concerned court within four weeks.
The bench posted the next hearing in the Lakhimpur Kheri violence case for July.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.
In one of the cases, the trial court in December 2023 framed charges against Mishra and 12 others for alleged murder, criminal conspiracy and under other penal laws in the case of the farmers' deaths, paving the way for the trial.
