Vested groups trying to undermine nation’s achievements — Justice Datta’s separate EVM-VVPAT order

In separate but concurring judgment, Justice Dipankar Datta stated that 'concerted effort to discredit, diminish and weaken process of this great nation' must be 'nipped in the bud'.

File photo of Justice Dipankar Datta | Source: bombayhighcourt.nic.in

New Delhi: Supreme Court’s Justice Dipankar Datta, one of the two judges comprising the bench that put a rest to the EVM-VVPAT issue, wrote a separate, but concurring judgment, criticising the “fast, developing trend” to “undermine the achievements and accomplishments of the nation”.

Justice Datta was the junior judge on the bench led by Justice Sanjiv Khana that rejected a batch of petitions demanding 100 percent physical verification of VVPAT slips. 

The judge had his own reasons for dismissing the doubts raised over the efficacy of EVMs. In his view, running into 18 pages, he stated that “certain vested groups” are endeavouring to undermine the nation’s accomplishments, “earned through hard work and dedication”.

He said there seems to be a “concerted effort to discredit, diminish and weaken the process of this great nation on every possible frontier”, and that such an effort has to be “nipped in the bud”.

“No constitutional court, far less this court, would allow such an attempt (to demolish the hard work) as long as it has a say in the matter,” Justice Datta said, as he raised “serious doubts” as regards the bonafides of the petitioners, given their prayer to revert to the old system of ballot papers.

The judge acknowledged the efforts of one of the petitioners, the Association for Democratic Reforms (ADR), in bringing about electoral reforms. But he termed the suggestions put forth in its present petition on EVM-VVPAT as “inexplicable”.

“Question of reverting to the paper ballot system does not and cannot arise. It is only improvements in the EVMs or even a better system that people would look forward to in the ensuing years,” the judge said. 

Unless substantial evidence is presented against EVMs, the current system will have to persist with enhancements. Regressive measures to revert to paper ballots or any alternative to the EVMs, which do not safeguard the interest of Indian citizens, have to be eschewed, Justice Datta said.

(Edited by Gitanjali Das)