Voter-Roll Protests: Delhi Police Detain Hundreds, Register Three FIRs

Synopsis

The police arrested hundreds of protesters in Delhi for extension of protests against the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of Electoral Rolls and had filed three FIRs against the protesters who gathered in October 2 outside Jantar Mantar. The stir came after a newspaper report of dissent among the Election Commission, which stated differences were normal, its work was legal and the action was to make the rolls accurate. There have been more protests announced by opposition and youth groups, including on October 10.

More than 5,000 security personnel were posted in and around Jantar Mantar to stamp out protestors while some 1,000 were arrested in Delhi on Friday. Since then, at least three FIRs have been lodged by Delhi Police at the site of the event on 2 October.

It started as a technical dispute about lists of voters and has turned into a barometer of the state's attitude to opposition against its electoral process.

News article and a week of protest

Mr. Kumar's agitation started after the report in the Indian Express on Wednesday, 23 September, alleging that his deputies had questioned him regarding the changes in the voter list.

The Election Commission's response, according to Reuters, was that the conflict among officers in any institution was “normal” and all of its actions were legal. At the time Mr Kumar had not commented.

On 25 September, when the country was in a state of protest, police deployed tear gas and water cannon on Congress members.

The detention was of All India Students' Association president Neha Bora, CPI(ML) general secretary Dipankar Bhattacharya and activist Yogendra Yadav at Jantar Mantar. The protest was held a day after Leader of the Opposition Rahul Gandhi had called for the resignation of Mr. Kumar.

The 2 October protest and FIRs

The orders prohibited meetings of more than 5 people, processions, dharnas without prior written permission. Two FIRs were filed at Parliament Street and one at Connaught Place over Section 223, 221, 132 and 3(5) of Bharatiya Nyaya Sanhita for violating prohibitory orders, obstructing public servants and unlawful assembly.

The FIRs were based on the daily entries made by police officials in their daily diaries, Hindustan Times reported. Outlook reports that they talk about the organisers and organisations that had invited the demonstrations or had participated in them. The party's MLA Saurabh Bhardwaj was among those arrested.

An order issued under Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023 (which used to be Section 144 of the CrPC). In cases of nuisance and apprehended danger, it can be issued by a magistrate to limit assembly in a place in such an urgent situation as to prevent the occurrence.

The case of the Commission and the numbers

An ECI spokesperson has said that the Special Intensive Revision aims to improve the accuracy of rolls by removing names of people no longer eligible to vote at their recorded addresses. While in Delhi, the draft roll excludes over 47 lakh names of 1.45 crore electors, almost one-third of the total electorate.

Draft roll is a temporary roll. Claims and objections are raised after publication and the final roll issued when they are disposed. Delhi Congress president Devender Yadav, however, said that notices have been sent to 31.6 lakh voters to check for discrepancies. The Commission denies any collusion with the BJP in preparing the voter lists, which has angered the opposition parties.

What comes next

If the Congress leader doesn't resign, then the Cockroach Janta Party is planning another Jantar Mantar protest on 10 October, it said. A PIL has been filed in the Supreme Court and the Opposition has started the process to introduce a removal motion in Parliament.

The Chief Election Commissioner can be removed by the President of India only on the basis and in the procedure the same as prescribed for the removal of a Supreme Court judge under clause (5) of Article 314 of the Constitution of India. To do that requires a motion to be passed in Parliament with a special majority.

The debate on the way voter lists are cleaned in India has now shifted from the Commission's records to the capital's road.