Can't permit anybody to dilute free and fair polls: Supreme Court

SC dismisses appeal against conviction and sentence of Lakshman Singh and others for rioting and scuffle on the eve of 1989 general elections

The Supreme Court on Friday said any attempt of booth capturing and bogus voting should be dealt with an iron fist because it ultimately affected the rule of law and democracy.

"The essence of the electoral system should be to ensure freedom of voters to exercise their free choice. Nobody can be permitted to dilute the right to free and fair election," a bench of Justices D Y Chandrachud and M R Shah said.

The court made the observations, while dismissing an appeal filed by Lakshman Singh and others against the Jharkhand High Court's judgement which upheld their conviction and six-month jail for rioting and scuffle on the eve of 1989 general elections.

It said the trial court has rightly convicted all the accused were the members of the unlawful assembly in prosecution of the common object, namely, “to snatch the voters list and to cast bogus voting”. The bench, however, did not interfere with the quantum of sentence as the state government did not file an appeal.

Taking a grim view of election-related offences, the court referred to its previous judgement in case of 'People’s Union for Civil Liberties Vs Union of India' (2013) which stated that freedom of voting is a part of the freedom of expression.

"Secrecy of casting vote is necessary for strengthening democracy...and to ensure that a voter casts his vote without any fear or being victimised. Democracy and free elections are a part of the basic structure of the Constitution. The election is a mechanism which ultimately represents the will of the people," the bench said, citing the judgement.

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