EC's independence 'severely compromised' by PM-HM duo: Congress
New Delhi, Jan 25 (PTI): The Congress hit out at the Election Commission on Saturday, saying the "self-congratulation" on National Voters' Day would not obscure the fact that the poll panel as it has been functioning makes a "mockery" of the Constitution and is an insult to the voters themselves.
The opposition party also alleged that over the past decade, the professionalism and independence of the Election Commission has been "severely compromised" by the duo of Prime Minister Narendra Modi and Home Minister Amit Shah.
In a post on X, Congress president Mallikarjun Kharge said, "Even as we celebrate National Voters' Day, the ceaseless erosion of the institutional integrity of the Election Commission of India, in the last ten years, is a matter of grave national concern."
"Our Election Commission of India and our Parliamentary Democracy, despite widespread doubts, over the decades, turned out to be impartial, independent and ideal to emulate globally," he said.
The realisation of universal adult suffrage, extending to the grassroots levels of panchayat and urban local bodies embodies the vision of our founders, he said.
"However, complacency in upholding democratic processes can inadvertently pave the way for authoritarianism. Therefore, safeguarding the independence of our institutions is essential to preserve our democracy and uphold the constitutional principles that underpin it," Kharge said.
The National Voters' Day has been celebrated for the past 15 years to mark the inception of the Election Commission (EC) on January 25, 1950, a day before India became a republic.
In a post on X, Congress general secretary in-charge communications Jairam Ramesh said, "There will be a lot of self-congratulation today but that will not obscure the fact that the Election Commission as it has been functioning makes a mockery of the Constitution and is an insult to the voters themselves."
"Today has been celebrated as National Voters Day since 2011 to mark the day on which the Election Commission came into being 75 years ago on Jan 25th, 1950," he noted.
The Election Commission is a Constitutional body and its first Chairman was the legendary Sukumar Sen whose role in establishing the foundations of our electoral democracy was crucial, Ramesh said.
"He was the sole Chief Election Commissioner for eight years. His 'Report on the First General Elections in India 1951-52' is a classic. But the preparations of the draft electoral roll for the first elections had been completed before Sen took over," he said.
The story of this historic endeavour and of the people involved in it is narrated very finely by Ornit Shani in her definitive 'How India Became Democratic', Ramesh pointed out.
There have been other distinguished CECs, among whom TN Seshan stands tallest and whose contributions were seminal, he said.
"Sadly, over the past decade, the professionalism and independence of the Election Commission has been severely compromised by the PM-HM duo," Ramesh alleged.
"Some of its decisions are now under challenge in the Supreme Court. Its stand on the concerns raised on the recent assembly elections in Haryana and Maharashtra has been shockingly partisan," Ramesh said.
"There will be a lot of self-congratulation today but that will not obscure the fact that the Election Commission as it has been functioning makes a mockery of the Constitution and is an insult to the voters themselves," he said.
In another post on X, Ramesh said? "As we celebrate National Voters' Day, it is instructive to recall what the RSS weekly Organiser had written on Jan 7, 1952 in the midst of the first general election. It hoped that Jawaharlal Nehru would live to 'confess the failure of universal adult franchise in India'."
"It rebuked Nehru who, it said, 'all along lived by slogans and stunts' for not listening to others and insisting that ALL citizens over the age of 21 should have the right to vote. This was, of course, reduced to 18 in 1989," Ramesh recalled.
Even as we celebrate National Voter’s day, the ceaseless erosion of the institutional integrity of the Election Commission of India, in the last ten years, is a matter of grave national concern.
— Mallikarjun Kharge (@kharge) January 25, 2025
Our Election Commission of India and our Parliamentary Democracy, despite… pic.twitter.com/W6QgzEt75o
As we celebrate National Voters Day, it is instructive to recall what the RSS weekly Organiser had written on Jan 7, 1952 in the midst of the First General Election. It hoped that Jawaharlal Nehru would live to "confess the failure of universal adult franchise in India.” It…
— Jairam Ramesh (@Jairam_Ramesh) January 25, 2025
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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.
