“Shockingly Unjustified”: Prashant Bhushan Condemns Justice Dutta’s “Concerted Effort” Comment On Association for Democratic Reforms (ADR)

The Supreme Court of India on Friday dismissed petitions advocating for 100% verification of votes cast on Electronic Voting Machines (EVMs) via paper slips generated through the VVPAT machines. Justices Sanjiv Khanna and Dipankar Datta, constituting the two-judge bench, delivered concurrent but separate judgments, eliciting mixed reactions from various quarters.

The apex court, while dismissing the petitions, issued two directives to the Election Commission. It mandated sealing and securing the symbol loading unit of EVMs after symbol insertion, with the seal endorsed by candidates and their representatives. Additionally, the court ordered that these sealed units, along with the EVMs, be stored for a minimum of 45 days post-result declaration.

Justice Dutta, in his ruling as the bench dismissed the petition, raised concerns about certain groups endeavoring to undermine the nation’s achievements and progress. He questioned the intentions of the petitioning association, casting doubt on their motives despite their past contributions to electoral reforms.

Here’s what Justice Datta said in his separate order:

“It is of immediate relevance to note that in recent years, a trend has been fast developing of certain vested interest groups endeavouring to undermine the achievements and accomplishments of the nation, earned through the hard work and dedication of its sincere workforce. There seems to be a concerted effort to discredit, diminish, and weaken the progress of this great nation on every possible frontier. Any such effort, or rather attempt, has to be nipped in the bud. No Constitutional court, far less this Court, would allow such attempt to succeed as long as it (the court) has a say in the matter. I have serious doubt as regards the bona fides of the petitioning association when it seeks a reversion to the old order. Irrespective of the fact that in the past efforts of the petitioning association in bringing about electoral reforms have borne fruit, the suggestion put forth appeared inexplicable.”

However, Advocate Prashant Bhushan, who represented the petitioner Association for Democratic Reforms (ADR), expressed dismay at Justice Dutta’s remarks regarding the intentions of ADR. Bhushan criticized the comment as “shockingly unjustified”.

Advocate Bhushan stated, “Shockingly unjustified remarks by Justice Dipankar Dutta on the bonafides of Association of Democratic Reforms for a petition seeking a more foolproof system of counting votes rather than relying only on EVMs which have a software capable of being manipulated.”

The ADR traces its origins to 1999 when a group of professors from the prestigious management institute Indian Institute of Management (IIM) Ahmedabad established it. Their pioneering efforts led to a significant milestone in Indian democracy when they filed a Public Interest Litigation (PIL) with the Delhi High Court in the same year. Their plea sought the disclosure of candidates’ criminal, financial, and educational backgrounds before elections. Subsequently, the Supreme Court, in 2002 and 2003, mandated the disclosure of these details by all candidates through affidavits filed with the Election Commission.

In 2002, ADR conducted its inaugural election watch during the Gujarat Assembly Elections. This initiative provided voters with comprehensive analyses of candidates’ backgrounds, empowering them to make informed choices during polls. Since then, ADR has consistently conducted Election Watches for various state and parliamentary elections in collaboration with the National Election Watch.

ADR’s mission revolves around enhancing transparency and accountability in India’s political and electoral systems. Its projects focus on combating corruption and criminalization in politics, empowering voters through greater access to candidate and party information, advocating for the accountability of political parties, and promoting inner-party democracy and transparency. Under the leadership of Prof. Trilochan Sastry, ADR continues to spearhead efforts towards decriminalizing elections and politics, contributing to the advancement of governance and democracy in India.