SC stays Uttarakhand High Court 'gag' on criticising EVMs

The Supreme Court on Friday stayed a Uttarakhand High Court order that put a “gag” on criticising Electronic Voting Machines. A number of political parties had raised questions over EVMs after state Assembly elections result early this year.
 
A three-judge bench presided over by Chief Justice Dipak Misra stayed the HC's order of June 2 after advocate Devadatt Kamat, appearing for petitioner Ramesh Pandey, submitted that the directions, including blanket gag, had come in the way exercising citizens' fundamental right to freedom of speech and expression.
 
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, issued a notice to the Election Commission on the special leave petition and sought poll panel's response within six weeks.
 
Hearing a PIL against the validity of EVM challenge by the EC, the HC had on June 2 noted a systematic campaign by political parties to tarnish the image of the poll panel, a constitutional body, by questioning authencity and reliability of the EVMs. It went on to restrain the political parties, acivists and NGOs from critcising the EVMs in the press and social media platforms.
 
“The foundation of democracy would be weakened in case this tendency, on the part of certain sections of the society to damage the institution by levelling unsubstantiated allegations, is not curbed. The right of freedom of speech and expression does not permit to level unsubstantiated charges against the functionaries,” the HC had held.