Audio-clip controversy: Patiala SSP should’ve been divested of poll duty, says HC
Criticises role of state election commission, Punjab, in conducting the zila parishad and block samiti elections.
The Punjab and Haryana high court has criticised the role of state election commission (SEC), Punjab, in conducting the zila parishad and block samiti elections on December 14 and said that Patiala senior superintendent of police (SSP) Varun Sharma should have been divested of poll duty pending inquiry into the controversy surrounding the audio clip.
The clip purportedly features the Patiala SSP directing his subordinates to prevent opposition candidates from filing their nomination papers for the elections.
“It would have been appreciated that on receipt of a complaint from any quarter, the commission ought to have risen to the occasion and nipped, even an apprehension of favoritism or nepotism, in the bud. As such, it would have been better, if the commission would have handed over verification of the material presented by complainants in the shape of audio and video recordings to a neutral agency not under the control and supervision of the state of Punjab. It was further expected of the commission to have divested Varun Sharma, IPS, SSP, Patiala, of election duty, pending inquiry into the allegations,” the bench of chief justice Sheel Nagu and justice Sanjiv Berry said in the detailed order released on Thursday.
The court observed that the SEC is entrusted with the conduct of panchayat elections under Article 243-K of the Constitution and, thus, is expected to be non-aligned, while discharging its duties, including that of conducting and supervising and concluding the panchayat election process.
“In this process, the conduct of the commission ought not to give an impression that it is favouring any person or political party. It is expected of the state election commission to conduct itself without partiality. The actions of the commission ought not only to be actually impartial to all, but also appear to be impartial,” it remarked.
The court was hearing a clutch of public interest litigations by Punjab leader of opposition Partap Singh Bajwa of the Congress and Shiromani Akali Dal leader Daljit Singh Cheema on Wednesday. Both had sought an independent probe into the audio-clip controversy and also alleged opposition candidates were prevented from filing their nomination papers to ensure victory of candidates belonging to ruling AAP.
Now, the court has directed that to ensure free, fair and impartial elections, the SEC will issue directions to all station house officers (SHOs) and all police personnel involved in election duty to conduct themselves in a non-partisan manner without indulging in any kind of activity “deleterious to the concept of free and fair elections”. However, the oral directions issued during the hearing last Friday that the audio-clip be sent for examination by the Central Forensic Sciences Laboratory (CFSL) in Chandigarh is not a part of the final order and it only records that audio and video recordings furnished by the complainants have been sent for verification to the forensic science laboratory situated in Punjab.
On Wednesday, the SEC had told the court that SAD leaders, including Sukhbir Singh Badal, who was the first to share the clip, were sent notices several times to join the investigation into the audio clip case, which is being probed by an ADGP-level officer. However, they have not appeared, except one, Arshdeep Singh Kler. The probe can’t proceed unless original devices are provided. However, the clip submitted by Kler has been sent for examination by a Mohali-based government forensic laboratory, the SEC submitted, adding that a probe is still underway.
The lawyers for the petitioners had claimed that instead of the officers involved, people who had “exposed the working of senior officers” are being questioned. They said they have no confidence in the state’s laboratory and probe of the Punjab Police. Hence, the case be sent to an independent agency and audio-clip be sent for examination by the Chandigarh CFSL. They also demanded that eight officers to whom the SSP was passing on the instructions should be disassociated with the poll process.
“Voice samples of the officers have not been taken to establish whether the clip is genuine or not. Their devices needed to be seized, which have not been done so far and police are summoning the complainant to find out the source of the video,” senior advocate APS Deol said questioning the manner in which the probe is being conducted.
The elections for 22 zila parishads and 153 block samitis are scheduled on December 14, while counting will be held on December 17. The last date for filing nominations was December 4, which saw complaints of snatching of nomination papers in Patiala district and other areas.
