The Evening Wrap: Supreme Court refuses to pass interim order for EC to publish ‘Form 17C’ data

The Supreme Court on May 24 refused an NGO’s plea to direct the Election Commission of India to upload authenticated, scanned and legible copies of Form 17C showing the account of votes recorded booth wise after each phase of polling in Lok Sabha elections. A Vacation Bench of Justices Dipankar Datta and Satish Chandra Sharma said the nation is on the eve of the sixth phase of General Elections. Mammoth polls require huge human resources. The court said it did not want to divert the attention of the Election Commission (EC) in the middle of the elections. “Everyone is for a fair and free election. The Supreme Court cannot interrupt the conduct of elections. It can only enhance the conduct of the polls… We have to be conscious of the ground reality,” Justice Datta remarked. The court adjourned the application simpliciter. It said interim relief sought by NGO Association for Democratic Reforms (ADR) in its application for publication of voter turnout data in Form 17C was already part of relief ought in a petition pending since 2019. The court recorded that granting the interim prayer in an application would amount to giving the final relief in the writ petition itself. Senior advocate Maninder Singh, for the EC, raised preliminary objections at the very start of the hearing. He said the ADR application was based on unfounded suspicions and apprehensions meant to discredit the Election Commission. EC said ADR had suppressed the information about an April 26, 2024 judgment in the EVM-VVPAT case, in which it had discussed aspects of Form 17C. “The April 26 judgment was holistic. ADR cannot raise supplementary points repeatedly. It cannot apply constructive res judicata in the midst of an election process involving 96 crore voters. Vested interests are interfering with this festival of democracy. The court should deal with them with a heavy hand,” Singh urged. Senior advocate AM Singhvi, appearing for TMC leader Mahua Moitra, said for Singh to say the EVM-VVPAT judgment dealt with Form 17C was a travesty. It had made only a passing mention of the issue. ADR, represented by senior advocate Dushyant Dave, advocates Prashant Bhushan Neha Rathi and Cheryl D’Souza, had highlighted how the voter turnout data for the first two phases of the Lok Sabha elections were published by the EC on April 30, after 11 days of the first phase of polling held on April 19 and four days after the second phase of polling held on April 26. The NGO had argued the data published by the EC in its April 30 press release had shown a sharp increase (by about 5-6%) from the initial percentages announced by it on the polling day. ADR had said the delay in publishing the final voter turnout data, coupled with the unusually high revision (of over 5%) in the EC press note of April 30 had raised “public suspicion and apprehensions” about the correctness of the data. “The difference of five to six percent between initial and absolute voter turnout details is wrong,” Singh submitted. He said there were 8,336 candidates and 10.5 lakh polling booths. “Every candidate has polling agents, a total of over 87,000. Everyone is checking the process, keeping an eagle’s eye on the conduct. Imagination and supposition cannot be made weapons against the EC,” Singh contended. “The trust for the EC has to be fostered not punctured through such applications,” Singh said. Dave said ADR had come to court bona fide. The NGO had an excellent record of getting good jurisprudence from the apex court. “There is no reason for the EC to damn us. The application was not adversarial in nature,” the senior lawyer submitted. “We are not against public interest litigations. But how many PILs are meant for publicity, private interest?” Justice Datta asked. Dave said the EC had itself revised the percentages in the voter turnout. “That is why we came here,” he said. Justice Datta drew Dave’s attention to the EC affidavit, which said there was no legal or statutory mandate to publish Form 17C details. The voter turnout data were uploaded in the “non-statutory” Voter Turnout app only as a transparency initiative. Medha Patkar convicted in defamation case filed by Delhi Lieutenant Governor V.K. Saxena A Delhi court on May 24 convicted Narmada Bachao Andolan (NBA) leader Medha Patkar in a defamation case lodged against her by Delhi Lieutenant Governor V.K. Saxena Metropolitan Magistrate Raghav Sharma found Patkar guilty of criminal defamation. Under the relevant law, the activist may get a jail term of two years or fine or both as the punishment. Patkar and Saxena have been locked in a legal battle since 2000 after she filed a suit against him for publishing advertisements against her and the Narmada Bachao Andolan (NBA). Saxena was then the chief of Ahmedabad-based NGO National Council for Civil Liberties. Saxena had also filed two cases against her for making derogatory remarks against him on a TV channel and issuing a defamatory press statement. Cyclone Remal to make landfall as severe cyclonic storm in West Bengal, Bangladesh on May 26: IMD Cyclonic storm “Remal”, originating in the central Bay of Bengal, is expected to escalate into a severe cyclonic storm by Friday and according to the latest input of the Indian Meteorological Department (IMD), it is very likely to cross Bangladesh and adjoining West Bengal coasts between Sagar Island and Khepupara around May 26 midnight as a severe cyclonic storm. The Indian Coast Guard said on May 24 that the cyclone is likely to make landfall at North/North-West Bay of Bengal near West Bengal Coast on the night of May 26 and the situation is being actively monitored and comprehensive preemptive measures to ensure minimal loss of life and property at sea have been initiated. According to the IMD, the well-marked low pressure area over west central and adjoining south Bay of Benga concentrated into a depression and lay centered at 5.30 a.m. on May 24 over central Bay of Bengal. “It is very likely to continue to move northeastwards and intensify further into a cyclonic storm over east central Bay of Bengal by May 25 morning. Subsequently, it would move nearly northwards, intensify into a severe cyclonic storm by 25th night.” Coordination efforts are under way with State administrations and stakeholders to facilitate a synchronised response to potential contingencies arising from the cyclonic storm, ICG said in a statement and all pertinent information regarding the evolving situation has been disseminated to stakeholders to facilitate preparedness and coordinated action. To ensure the safety of maritime traffic, the ICG’s remote operating stations at Haldia and Paradip are broadcasting regular and multilingual VHF alerts, advising transit merchant mariners to take necessary precautions, it said detailing the measures being taken. “Additionally, ICG ships and aircraft are conducting surveillance along the projected path of the cyclonic storm to provide timely assistance and support.” Butcher held for killing Bangladesh MP sent to 12-day police custody A Bangladeshi national arrested by the Criminal Investigation Department (CID) of the West Bengal Police in connection with the murder of Bangladesh MP Md. Anwarul Azim Anar in Kolkata was sent to 12 days of police custody by a city court on Friday. The suspect, Jihad Hawladar, 24, is an illegal immigrant from Bangladesh, according to the CID. A resident of Barakpur in Bangladesh’s Khulna district, and working as a butcher in Mumbai, Hawladar has admitted to his involvement in the murder of the MP before the CID. He was staying at a flat in Chinar Park in Kolkata for more than two months. The CID arrested him from Bongaon in North 24 Parganas district on Thursday. Earlier, the police in Bangladesh arrested three suspects in connection with the death of the MP. The victim, 56-year-old Anwarul Azim Anar, was a three-time Awami League MP from Jhenaidah-4 in Khulna district of Bangladesh. He had arrived in Kolkata on May 12 for medical treatment. CCTV footage from May 13 showed him entering a housing complex in Kolkata’s New Town area with two men and a woman. Between May 13 and May 15, the three people, who were entered the complex with Anar, were caught on CCTV cameras leaving the premises carrying two big bags. Media reports have quoted the Dhaka Police as saying that the MP was smothered to death, his body cut into pieces and mixed with turmeric powder before being disposed of. Police are on the lookout to retrieve the body parts. The Dhaka Police are suspecting that a U.S.-based businessman, Md. Akhtaruzzaman Shahin, had masterminded the murder and hired the alleged killers, the reports said. Poll roundup: Senior BJP leader and Union Home Minister Amit Shah on Friday accused the Jharkhand Mukti Morcha-led (JMM) coalition government, in which the Congress is a constituent, for allegedly carrying out ‘love Jihad, land Jihad and forest Jihad’ against tribals by allowing infiltrators to enter Jharkhand. He was addressing an election rally in Dumka, where he was campaigning for BJP candidate Geeta Soren, the eldest daughter-in-law of JMM chief Shibu Soren, who recently quit the JMM and joined the BJP. “I want to appeal to the tribal brothers and sisters to elect a government which can stop infiltration. If infiltration is not stopped, both the land and forests of the tribals will be in danger. The issue of infiltration is a big question for the tribals. The Congress, Hemant Soren and his Minister who was just arrested, have carried out love jihad, land jihad and forest jihad against the tribals by infiltrating into Jharkhand,” Shah said. Odisha Chief Minister Naveen Patnaik on Friday said he was in good health and Bharatiya Janata Party (BJP) leaders were spreading lies about him. Mr. Patnaik’s statement came in wake of no-holds-barred attack by BJP leaders who raised concerns about his health, age, and ability to make independent decisions, especially questioning his over-dependence on his former private secretary V.K. Pandian. “There is a limit to the amount of lies BJP can tell. As you can see I am in very good health and have been campaigning all over the State for months,” Mr. Patnaik told media during his campaign on Friday. In Brief: The top United Nations court on Friday ordered Israel to halt military operations in Rafah, a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war. Israel must “immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part,” the International Court of Justice said. It also ordered Israel to keep open the Rafah crossing into Gaza for the “unhindered” provision of humanitarian aid. ICJ rulings are legally binding but the court has no concrete means to enforce them. For example, it ordered Russia to halt its invasion of Ukraine, to no avail. Evening Wrap will return tomorrow. [logo] The Evening Wrap 24 May 2024 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [View in browser]( [More newsletters]( Supreme Court refuses to pass interim order for EC to publish ‘Form 17C’ data The Supreme Court on May 24 [refused an NGO’s plea to direct the Election Commission of India]( to upload authenticated, scanned and legible copies of Form 17C showing the account of votes recorded booth wise after each phase of polling in Lok Sabha elections. A Vacation Bench of Justices Dipankar Datta and Satish Chandra Sharma said the nation is on the eve of the sixth phase of General Elections. Mammoth polls require huge human resources. The court said it did not want to divert the attention of the Election Commission (EC) in the middle of the elections. “Everyone is for a fair and free election. The Supreme Court cannot interrupt the conduct of elections. It can only enhance the conduct of the polls… We have to be conscious of the ground reality,” Justice Datta remarked. The court adjourned the application simpliciter. It said interim relief sought by NGO Association for Democratic Reforms (ADR) in its application for publication of voter turnout data in Form 17C was already part of relief ought in a petition pending since 2019. The court recorded that granting the interim prayer in an application would amount to giving the final relief in the writ petition itself. Senior advocate Maninder Singh, for the EC, raised preliminary objections at the very start of the hearing. He said the ADR application was based on unfounded suspicions and apprehensions meant to discredit the Election Commission. EC said ADR had suppressed the information about an April 26, 2024 judgment in the EVM-VVPAT case, in which it had discussed aspects of Form 17C. “The April 26 judgment was holistic. ADR cannot raise supplementary points repeatedly. It cannot apply constructive res judicata in the midst of an election process involving 96 crore voters. Vested interests are interfering with this festival of democracy. The court should deal with them with a heavy hand,” Singh urged. Senior advocate AM Singhvi, appearing for TMC leader Mahua Moitra, said for Singh to say the EVM-VVPAT judgment dealt with Form 17C was a travesty. It had made only a passing mention of the issue. ADR, represented by senior advocate Dushyant Dave, advocates Prashant Bhushan Neha Rathi and Cheryl D’Souza, had highlighted how the voter turnout data for the first two phases of the Lok Sabha elections were published by the EC on April 30, after 11 days of the first phase of polling held on April 19 and four days after the second phase of polling held on April 26. The NGO had argued the data published by the EC in its April 30 press release had shown a sharp increase (by about 5-6%) from the initial percentages announced by it on the polling day. ADR had said the delay in publishing the final voter turnout data, coupled with the unusually high revision (of over 5%) in the EC press note of April 30 had raised “public suspicion and apprehensions” about the correctness of the data. “The difference of five to six percent between initial and absolute voter turnout details is wrong,” Singh submitted. He said there were 8,336 candidates and 10.5 lakh polling booths. “Every candidate has polling agents, a total of over 87,000. Everyone is checking the process, keeping an eagle’s eye on the conduct. Imagination and supposition cannot be made weapons against the EC,” Singh contended. “The trust for the EC has to be fostered not punctured through such applications,” Singh said. Dave said ADR had come to court bona fide. The NGO had an excellent record of getting good jurisprudence from the apex court. “There is no reason for the EC to damn us. The application was not adversarial in nature,” the senior lawyer submitted. “We are not against public interest litigations. But how many PILs are meant for publicity, private interest?” Justice Datta asked. Dave said the EC had itself revised the percentages in the voter turnout. “That is why we came here,” he said. Justice Datta drew Dave’s attention to the EC affidavit, which said there was no legal or statutory mandate to publish Form 17C details. The voter turnout data were uploaded in the “non-statutory” Voter Turnout app only as a transparency initiative. Medha Patkar convicted in defamation case filed by Delhi Lieutenant Governor V.K. Saxena A Delhi court on May 24 [convicted Narmada Bachao Andolan (NBA) leader Medha Patkar]( in a defamation case lodged against her by Delhi Lieutenant Governor V.K. Saxena Metropolitan Magistrate Raghav Sharma found Patkar guilty of criminal defamation. Under the relevant law, the activist may get a jail term of two years or fine or both as the punishment. Patkar and Saxena have been locked in a legal battle since 2000 after she filed a suit against him for publishing advertisements against her and the Narmada Bachao Andolan (NBA). Saxena was then the chief of Ahmedabad-based NGO National Council for Civil Liberties. Saxena had also filed two cases against her for making derogatory remarks against him on a TV channel and issuing a defamatory press statement. Cyclone Remal to make landfall as severe cyclonic storm in West Bengal, Bangladesh on May 26: IMD Cyclonic storm “Remal”, originating in the central Bay of Bengal, is [expected to escalate into a severe cyclonic storm]( by Friday and according to the latest input of the Indian Meteorological Department (IMD), it is very likely to cross Bangladesh and adjoining West Bengal coasts between Sagar Island and Khepupara around May 26 midnight as a severe cyclonic storm. The Indian Coast Guard said on May 24 that the cyclone is likely to make landfall at North/North-West Bay of Bengal near West Bengal Coast on the night of May 26 and the situation is being actively monitored and comprehensive preemptive measures to ensure minimal loss of life and property at sea have been initiated. According to the IMD, the well-marked low pressure area over west central and adjoining south Bay of Benga concentrated into a depression and lay centered at 5.30 a.m. on May 24 over central Bay of Bengal. “It is very likely to continue to move northeastwards and intensify further into a cyclonic storm over east central Bay of Bengal by May 25 morning. Subsequently, it would move nearly northwards, intensify into a severe cyclonic storm by 25th night.” Coordination efforts are under way with State administrations and stakeholders to facilitate a synchronised response to potential contingencies arising from the cyclonic storm, ICG said in a statement and all pertinent information regarding the evolving situation has been disseminated to stakeholders to facilitate preparedness and coordinated action. To ensure the safety of maritime traffic, the ICG’s remote operating stations at Haldia and Paradip are broadcasting regular and multilingual VHF alerts, advising transit merchant mariners to take necessary precautions, it said detailing the measures being taken. “Additionally, ICG ships and aircraft are conducting surveillance along the projected path of the cyclonic storm to provide timely assistance and support.” Butcher held for killing Bangladesh MP sent to 12-day police custody A Bangladeshi national arrested by the Criminal Investigation Department (CID) of the West Bengal Police in connection with the murder of Bangladesh MP Md. Anwarul Azim Anar in Kolkata was [sent to 12 days of police custody]( by a city court on Friday. The suspect, Jihad Hawladar, 24, is an illegal immigrant from Bangladesh, according to the CID. A resident of Barakpur in Bangladesh’s Khulna district, and working as a butcher in Mumbai, Hawladar has admitted to his involvement in the murder of the MP before the CID. He was staying at a flat in Chinar Park in Kolkata for more than two months. The CID arrested him from Bongaon in North 24 Parganas district on Thursday. Earlier, the police in Bangladesh arrested three suspects in connection with the death of the MP. The victim, 56-year-old Anwarul Azim Anar, was a three-time Awami League MP from Jhenaidah-4 in Khulna district of Bangladesh. He had arrived in Kolkata on May 12 for medical treatment. CCTV footage from May 13 showed him entering a housing complex in Kolkata’s New Town area with two men and a woman. Between May 13 and May 15, the three people, who were entered the complex with Anar, were caught on CCTV cameras leaving the premises carrying two big bags. Media reports have quoted the Dhaka Police as saying that the MP was smothered to death, his body cut into pieces and mixed with turmeric powder before being disposed of. Police are on the lookout to retrieve the body parts. The Dhaka Police are suspecting that a U.S.-based businessman, Md. Akhtaruzzaman Shahin, had masterminded the murder and hired the alleged killers, the reports said. Poll roundup: - Senior BJP leader and Union Home Minister Amit Shah on Friday accused the Jharkhand Mukti Morcha-led (JMM) coalition government, in which the Congress is a constituent, for [allegedly carrying out ‘love Jihad, land Jihad and forest Jihad’]( against tribals by allowing infiltrators to enter Jharkhand. He was addressing an election rally in Dumka, where he was campaigning for BJP candidate Geeta Soren, the eldest daughter-in-law of JMM chief Shibu Soren, who recently quit the JMM and joined the BJP. “I want to appeal to the tribal brothers and sisters to elect a government which can stop infiltration. If infiltration is not stopped, both the land and forests of the tribals will be in danger. The issue of infiltration is a big question for the tribals. The Congress, Hemant Soren and his Minister who was just arrested, have carried out love jihad, land jihad and forest jihad against the tribals by infiltrating into Jharkhand,” Shah said. - Odisha Chief Minister [Naveen Patnaik on Friday said he was in good health]( and Bharatiya Janata Party (BJP) leaders were spreading lies about him. Mr. Patnaik’s statement came in wake of no-holds-barred attack by BJP leaders who raised concerns about his health, age, and ability to make independent decisions, especially questioning his over-dependence on his former private secretary V.K. Pandian. “There is a limit to the amount of lies BJP can tell. As you can see I am in very good health and have been campaigning all over the State for months,” Mr. Patnaik told media during his campaign on Friday. In Brief: The top United Nations court on Friday [ordered Israel to halt military operations in Rafah]( a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war. Israel must “immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part,” the International Court of Justice said. It also ordered Israel to keep open the Rafah crossing into Gaza for the “unhindered” provision of humanitarian aid. ICJ rulings are legally binding but the court has no concrete means to enforce them. For example, it ordered Russia to halt its invasion of Ukraine, to no avail. Evening Wrap will return tomorrow. [Sign up for free]( Today’s Top Picks [[Prajwal Revanna case: Diplomatic passports for MPs and rules for cancellation | Explained] Prajwal Revanna case: Diplomatic passports for MPs and rules for cancellation | Explained]( [[Pune Porsche car crash: Parents of deceased techies demand Supreme Court-monitored probe, trial in Madhya Pradesh] Pune Porsche car crash: Parents of deceased techies demand Supreme Court-monitored probe, trial in Madhya Pradesh]( [[Watch | Kanhaiya Kumar: Student leaders should never be pro-establishment] Watch | Kanhaiya Kumar: Student leaders should never be pro-establishment]( [[Watch | 15 years on, justice and economic progress elude Sri Lanka’s Tamils] Watch | 15 years on, justice and economic progress elude Sri Lanka’s Tamils]( Copyright© 2024, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [click here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](