Why no category for those who couldn't exchange notes by Dec 30, asks SC

March 21, 2017

New Delhi, Mar 21: The Supreme Court today asked the Centre why it chose not to create a separate category for those who couldn't deposit demonetised notes by December 30, 2016 unlike the NRIs and people who were abroad.

demonetisation

A bench headed by Chief Justice J S Khehar said that the Prime Minister, in his November 8 address, had said that those with valid reasons could deposit the demonetised currency even after December 30, 2016, till March 31, 2017.

"Prime Minister in his address had said that people with genuine difficulties can deposit the demonetised currency even after December 30, 2016, till March 31, 2017 with the RBI branches.Give us the reasons why despite having powers under the law, you did not create a category for those people who couldn't deposit the demonetised notes before December 30, 2016" the bench said.

The apex court bench also comprising Justices D Y Chandrachud and S K Kaul said that the PM's address had given hope that those in difficulty would get a chance, till March 31, 2017, after giving valid reasons.

It also said that the government should file an affidavit by April 11 explaining the reason why the window was not created for the people having difficulty and the chance was only given to NRIs and the citizens who travelled abroad.

The SC also asked the Centre whether it intends to give a chance to those category of people with genuine reasons to deposit demonetised currency.

The apex court had on March 6 sought the responses of the Centre and the Reserve Bank of India as to why demonetised notes were not accepted till March 31 as was promised. The Supreme Court on March 10 sought replies from the Centre and the RBI on the plea against tweaking of rules on exchange of demonetised currency.

The Prime Minister's address to the nation on the evening of November 8 last year on demonetisation and subsequent notification of the federal bank that devalued currency notes can be exchanged at RBI offices even up to March 31, 2017 were valid assurances which stood breached by the ordinance, the counsel for petitioner, Sudha Mishra, had said.

The plea has alleged that the Prime Minister and the RBI had assured the people at large that demonetised currency notes can be exchanged at banks, post offices and RBI branches till December 30, 2016 and if people are unable to deposit them by that day then they can do so till March 31, 2017 at RBI branches after complying with some formalities.

The petitioner has referred to the Specified Bank Notes Cessation of Liabilities Ordinance and said it had breached the assurance. The Ordinance said that only those who were abroad, the armed forces personnel posted in remote areas or others who can give valid reasons for not being able to deposit the cancelled notes at banks, can deposit the demonetised currency notes of Rs 500 and Rs 1,000 currency notes till March 31 this year after the deadline expired on December 30, 2016.

The Centre had come out with the Ordinance making possession of a large number of scrapped notes a penal offence that will attract monetary fine. Of the Rs 15.4 lakh crore worth of currency that was scrapped, about Rs 14 lakh crore has been deposited in banks or exchanged till December 28.

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News Network
April 26,2024

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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.

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News Network
April 25,2024

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The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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News Network
April 26,2024

Palakkad: Three voters from Palakkad, Malappuram and Alappuzha, and a polling agent in Kozhikode died in seperate incidents in Kerala on Friday.

A man collapsed and died after casting his vote at Vani Vilasini in Chunangad, Ottapalam here on Friday. The deceased Chandran (68) hailed from Modernkattil  in Chunangad. Though rushed to the Ottapalam taluk hopsital, he was declared dead on arrival. Palakkad had recorded a high temperature of 40 degree Celsius on Thursday.

A Madrassa teacher, who came home after voting, collapsed and died. The deceased Alikkannakkal Tharakkal Siddhique (63) was the first voter at the polling station in Vallikkanjiram School at Niramaruthur Grama Panchayat in Tirur.

Kakkazham Veiliparambu Somarajan (82), who voted and returned home from the Kakkazham SN VT High School in Alappuzha also collapsed and died. He was a voter from booth 138.

In another instance, a polling agent died after collapsing at a booth in Kuttichira, Kozhikode on Friday. Maliyekkal Anees (66), a retired KSEB engineer from Haluwa Bazaar, was LDF's polling agent at the 16th booth in Kuttichira Government Vocational Higher Secondary School. He collapsed while doing his duty in the polling booth by 8.30 am. Though rushed to the Government General Hospital, he died by 9.15am. He is survived by wife Adakkani Veettil Zereena, childrens  Fayis Ahammed, Fadhil Ahammed, Akhil Ahammed and Bilal Ahammed.

A man also died in bike accident en route to polling booth in Malappuram on Friday. The deceased is Saidu Haji (75) of Neduvan. The bike rammed a lorry near BM School in Parappanangadi.

Polling began at 7am in all 20 Lok Sabha constituencies in Kerala on Friday. 

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