SabrangIndia https://sabrangindia.in/ News Related to Human Rights Fri, 23 Oct 2026 13:29:33 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png SabrangIndia https://sabrangindia.in/ 32 32 UP voter lists: Software manipulates Voter’s names, Pilibhit investigation finds 10,470 irregular entries https://sabrangindia.in/up-voter-lists-software-manipulates-voters-names-pilibhit-investigation-finds-10470-irregular-entries/ Fri, 23 Oct 2026 13:27:11 +0000 https://sabrangindia.in/?p=49766 Software “translated” a voter Ramhit Yadav’s name into “Ram ne Yadav ko maara” in UP’s Legislative Council rolls! Separately, an inquiry found 10,470 irregular Pilibhit entries, while reports of duplicate IDs and deletion forms without reasons raise questions about scrutiny during and after SIR

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]]> Uttar Pradesh’s electoral rolls are under close scrutiny over separate irregularities involving incorrect names, unsupported changes to voter details, duplicate voter IDs and deletion requests without recorded reasons. The latest developments concern a “translation error” in Legislative Council rolls and an official inquiry into changes made in Pilibhit after the Special Intensive Revision (SIR).

Software translated names instead of transliterating them

A software error changed names into Hindi sentences in electoral rolls prepared for Uttar Pradesh Legislative Council elections. Instead of transliterating English names—writing their pronunciation in Hindi script—the software translated them.

Ramhit Yadav became “Ram ne Yadav ko maara”. Other unusual entries included “Ram ne Sharma ko maara”, while BCom appeared in a father’s-name field.

Authorities identified 158 unusual entries among 14, 81, 310 electors registered across graduates’ and teachers’ constituencies. Chief Electoral Officer Navdeep Rinwa attributed several errors to software translation and others to human mistakes or inadequate scrutiny. Officials responsible for preparing and checking the records have been asked for explanations.

The examples circulated widely on social media. The errors concern Legislative Council electoral rolls and are separate from the changes investigated in Pilibhit’s Assembly electoral roll.

Pilibhit inquiry finds 10,470 irregular entries

In Pilibhit, an official inquiry found that changes to thousands of voter records had been entered without corresponding forms or records being available in the office. This followed a detailed investigation, first by Reporter’s Collective, nine days back on October 14, that may be read here.

Later other media chipped in and the investigations reported that the computer assistant at the constituency’s Voter Registration Centre entered 13,779 Form 8 applications for changes to voter details between May 31 and August 29, 2026. Of these, 10,470 were approved and 3,309 rejected. The inquiry found irregularities in all 10,470 approved entries.

These changes were entered after the final electoral roll was published on April 10 following SIR. Complaints arose when searches using voters’ Electoral Photo Identity Card (EPIC) numbers displayed other people’s names and family details.

An FIR has been registered against two Electoral Registration Officers (EROs) and the computer assistant only after INC spokesperson Supriya Srinate flagged the issue at a press conference in Lucknow on October 21. At an October 21 press conference, Congress leader Rajendra Pal Gautam alleged that 13,150 records had been altered while EPIC and serial numbers remained unchanged. He said voters who had checked their details in the April roll could remain unaware of subsequent changes.

Congress spokesperson Supriya Shrinate alleged that most affected voters were Muslim men. She cited Mohammad Yusuf, aged 33, whose EPIC number subsequently displayed Hasrat, also aged 33. The father’s name had changed from Rasital to Ramzan Ali. Another example concerned Mohammad Waseem, whose EPIC number allegedly displayed Sher Mohammad.

Shrinate said changes occurred in batches and questioned whether software had been used. Congress separately alleged that 884 existing residents had been removed and 2,600 people who did not live in the constituency had been added. These allegations were reported by The Wire

The party’s figure of 13,150 disputed records and the official finding of 10,470 irregular approved applications come from different examinations. The CEO’s statement does not provide a community-wise breakdown or establish political involvement.

CEO orders action and examination of additions and deletions

In its October 22 statement, the UP CEO’s office “ordered legal action” against the current and former EROs and the computer assistant under Section 32 of the Representation of the People Act, 1950, and relevant provisions of the Bharatiya Nyaya Sanhita (BNS). It also directed departmental proceedings against both officers, termination of the operator’s services and an inquiry into the role of Assistant EROs.

The CEO said the incorrect Form 8 entries were being corrected. The Pilibhit District Election Officer was also directed to examine all Form 6 applications for additions and Form 7 applications for deletions entered by the same operator between April 10 and October 21, and submit a detailed report within one day.

Earlier, the CEO had directed district election officers across Uttar Pradesh to review electoral rolls for similar discrepancies.

Are local EROs, the front face of the Election Commission of India (ECI) being made easy scapegoats in the massive Voter Manipulation Scam?

Voters found other people’s details against their EPIC numbers

Nine days later, the Indian Express reported that Advocate Faizan Ali Khan, a resident of Awas Vikas Colony in Pilibhit, complained on October 14 that his electoral record and that of his younger brother, Farhan, displayed different names. Both had appeared before election authorities during SIR and submitted documents that were verified.

Khan said his EPIC number displayed Raees Ali, with Huzaib Ali recorded as the relative, although his father’s name is Mushfiq Ali Khan. Farhan’s record displayed Gufran Aslam, son of Hamid Aslam. Khan said nobody by those names lived in their neighbourhood.

He alleged that the administration initially described the discrepancies as a technical error. He sought restoration of the correct details and an investigation into how verified records had changed after publication of the final roll. He also requested examination of Barkhera, Puranpur and Bisalpur, the district’s other Assembly constituencies.

Another advocate, Rehan Ali, found altered names against the EPIC numbers of his brother and sister. He said he checked his family’s records after overhearing a conversation between a voter and a computer operator. Further checks among neighbours revealed more discrepancies.

Local Congress leader Kumud Gangwar said a team of 55 people examined records covering approximately 3.48 lakh voters across the constituency and identified 13,150 entries with discrepancies. He alleged that many changes were made late at night, on holidays or on Sundays, as reported

Opposition alleges changes disproportionately affected Muslims

The Samajwadi Party submitted a complaint on October 12 about alleged duplicate voters in around 100 Assembly constituencies, including Pilibhit. Its state president, Shyam Lal Pal, submitted another complaint on October 19 about EPIC searches returning different people’s details.

One example concerned booth 409, where serial number 220 listed Ashik Ali, son of Mahmood Ali, aged 39. A search using his EPIC number reportedly displayed Khalil Khan, also aged 39.

Investigation reported deletion forms without reasons

An earlier investigation by The Reporters’ Collective, published on October 9 and corrected on October 20, reported that ERONET automatically generated 87,127 Form 7 deletion requests without recording reasons during Uttar Pradesh’s SIR.

The investigation examined more than 4.3 lakh Form 7 disclosures published on the UP CEO’s website. Approximately one-fifth were recorded in the names of EROs and Assistant EROs. All 87,127 requests in this category were filed between March 15 and April 2, 2026.

Four electoral officials interviewed for the report said that when they did not approve a voter during a hearing, the software automatically generated a Form 7 bearing their digital signature. The forms were then sent for approval.

The investigation questioned a process in which officers conducting hearings also became the recorded applicants for deletion. It said the forms contained no reasons, although the prescribed procedure required grounds for removal to be recorded.

The report also identified 1,10,476 requests submitted by individuals and accepted after what it described as the legally mandated deadline. Approximately 3.43 lakh requests from individual objectors specified reasons for seeking removal.

Officials described hearings before deletion forms

According to the investigation, the SIR enumeration exercise began on November 4, 2025. Of approximately 15.44 crore electors originally registered in Uttar Pradesh, 2.89 crore names were placed on the absent, shifted, dead or duplicate list.

At that stage, software-generated Form 7 requests required booth-level officers to specify a reason. The draft roll was published on January 6, 2026. Approximately 3.26 crore electors were separately flagged for logical discrepancies or because their records were unmapped, leading to hearings.

Officials interviewed for the investigation said the later officer-generated forms concerned voters who could not be verified during these hearings. They described hearings taking place first and deletion forms being generated afterwards.

The report said internal instructions required officers to record an explanation for removal following a notice issued on their own initiative. It argued that forms without reasons and objections submitted outside the prescribed period did not comply with the applicable procedure.

The final roll published on April 10 contained approximately 13.4 crore electors. Questions sent to the UP CEO and the ECI had received no response by the investigation’s original publication.

The October 20 correction increased the number of forms without reasons from 85,854 to 87,127. It clarified that 62 forms previously described as containing single-letter reasons, and 1,211 previously described as recording absent or shifted status, also contained no reason.

Repeated objections against Muslim voters

The same investigation reported that approximately 90% of deletion requests in Tarabganj and Pilibhit were directed against Muslim voters.

In Tarabganj, 188 objections appeared under the name Reshma, all filed on the same date against voters from the same booth. The published disclosures did not provide sufficient identifying information beyond objectors’ names to establish independently who submitted the applications.

These reported Form 7 patterns concern deletion requests during SIR. The later Pilibhit inquiry concerns Form 8 changes entered after the final roll was published.

The findings raise questions about how deletion requests without recorded reasons were generated and processed, why applications were accepted after the prescribed deadline, and whether objections disproportionately targeting Muslim voters were adequately examined. Alongside the separate post-SIR changes in Pilibhit, they underline the need to examine application records, software logs and approvals, establish responsibility and correct wrongful changes to voters’ records.

Demand for an independent forensic investigation

Former minister and SP leader Hemraj Verma has sought an independent cyber forensic investigation into the Pilibhit changes. He requested comparison of old and new names, addresses, photographs and other details, examination of the database audit trail, and a booth-wise assessment of affected voters.

Verma separately alleged that errors affected approximately 25,000 Muslim voters and accused sitting BJP MLA and minister Sanjay Singh Gangwar of directing the changes through officials and computer experts. These remain allegations. The supplied report recorded no response from Gangwar at the time of publication.

Gangwar won the Pilibhit Assembly seat in 2022 by 6,970 votes against the SP’s Shailendra Gangwar. The changes now under investigation occurred in 2026.

SP spokesperson Udaiveer Singh said the party planned checks in around 100 Assembly constituencies. Congress leader Aradhana Mishra said the party would ask all 75 District Congress Committees to verify local electoral rolls.

BJP spokesperson Rakesh Tripathi said political parties should participate in scrutiny during revision. He added that deliberate changes should be investigated and action taken against those responsible.

In a post on X, Shrinate demanded that SIR be scrapped and questioned Chief Election Commissioner Gyanesh Kumar’s accountability following action against local officials.

Couple allegedly received five voter IDs after applying for inclusion

Separate complaints concern multiple EPIC numbers issued to the same people after SIR.

In an October 19 post, fact-checker Mohammed Zubair alleged that a couple whose names were absent from the draft electoral roll applied for inclusion through Form 6. In the final roll, the wife received three voter IDs and the husband two.

Zubair said he could locate only one Form 6 application for each spouse in the published records on the UP CEO’s website. He asked the CEO to explain how those applications resulted in multiple IDs.

Another disclosure concerned House 91 in Chachoi, where six people—Ankit, Sumit, Karan, Aakash Kumar, Rajkumar Singh and Vikas Singh—were alleged to have received two EPIC numbers each. One of Vikas Singh’s records reportedly identified him as female.

The disclosure alleged that 17 people at the booth received two IDs each, accounting for 34 of its 69 new entries. The person examining the records said only one Form 6 application for each of the six named people had been located and several Form 9 disclosures remained unavailable.

These complaints require examination of the applications and approvals alongside the final electoral roll entries.

CEO disputes account of applications; AltNews questions verification

In a separate exchange on October 18, the UP CEO challenged Altnews’ Zubair’s account of a voter receiving four EPIC cards. The CEO said the claim that the voter had submitted only two applications was false and stated that four applications had been submitted.

In his response, Zubair argued that processing repeated applications in the same person’s name exposed a verification failure. He asked how four applications could pass scrutiny and result in four different EPIC numbers.

He also cited Form 9 records showing applications by Sundar on January 6 and January 14 and requested publication of missing disclosures. Zubair said eliminating duplicate entries was one of SIR’s stated objectives and questioned why such cases remained after publication of the final roll.

Related:

Who controls access to voter records? ECINet audit raises fresh questions

Vote for Democracy seeks answers from ECI and TCS on ECI’s electoral database access and security

Barricades and detentions fail to stop Delhi protesters marching against CEC

Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

 

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]]> People take to the streets to defend the right to vote and protest against SIR https://sabrangindia.in/people-take-to-the-streets-to-defend-the-right-to-vote-and-protest-against-sir/ Fri, 23 Oct 2026 13:16:04 +0000 https://sabrangindia.in/?p=49765 From Delhi to Bengaluru and Mumbai, farmers, workers, students, women’s groups and citizens’ organisations came together on October 23 to demand the scrapping of the SIR of electoral rolls and the resignation of CEC Gyanesh Kumar

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]]> On Friday, October 23, central Delhi witnessed a gathering that was as much about the right to vote as it was about the right of ordinary people to claim ownership of their democracy. Hundreds of protesters marched from Bhai Vir Singh Marg towards the Election Commission of India (ECI) headquarters, carrying the national flag and raising demands against the Special Intensive Revision (SIR) of electoral rolls. Farmers, workers, students, women’s organisations, youth groups and civil society members came together under the banner of the nationwide People Against SIR mobilisation.

 

There was no single face around which the protest revolved, no one leader whose presence defined its purpose. Instead, the streets filled with people who had come to assert a collective right: to vote, to question the institution entrusted with protecting that right, and to resist an electoral process they fear could exclude legitimate voters. The significance of the mobilisation lay precisely in this coming together, in citizens refusing to leave the defence of electoral democracy to political parties, prominent activists or a handful of familiar public figures.

The march was organised at the joint call of 143 organisations, with protests reported across 88 cities in 18 states, according to the mobilisation’s organisers. The breadth of participation underlined how the concerns surrounding SIR have travelled beyond election administration and become a question of democratic participation, accountability and the security of the franchise.

A march to the Election Commission, a confrontation with the police

In Delhi, protesters assembled around Gurudwara Bangla Sahib and marched towards the ECI headquarters near Patel Chowk. Carrying the Tricolour, they demanded the immediate scrapping of SIR, the removal and prosecution of Chief Election Commissioner Gyanesh Kumar, and the repeal of the 2023 law governing the appointment of Election Commissioners, which protesters have criticised for providing legal protection to members of the Election Commission.

Visuals shared by Scroll.in and others showed police detaining protesters in central Delhi, while some demonstrators climbed onto police buses in an attempt to prevent them from leaving with those detained. Police buses carrying demonstrators were also seen moving away from the area outside Bangla Sahib Gurudwara.

 

The people are not waiting for someone to lead them

One of the most striking features of Friday’s mobilisation was the refusal to make the movement dependent on any one individual. As protesters were detained, the question of what would happen if prominent participants were taken away was put to CJP’s Ashutosh Ranka by PTI.

His response captured the spirit of the gathering: “We are not leaders; we are custodians of this platform that the people of this country have given us.” He added that the movement would continue whether its participants were in jail or outside, and that it would change and evolve as necessary.

 

The statement spoke to something visible on the streets that day. The mobilisation was not simply an event organised around speeches delivered by recognised leaders. It was a collective assertion by people who had come to occupy democratic space themselves. Students stood alongside farmers and workers; women’s organisations marched alongside civil society groups; familiar public figures shared the streets with citizens whose names might never appear in a news report.

The absence of a single commanding face did not mean an absence of political conviction or organisation. Rather, the joint call of 143 organisations created a platform on which different groups could bring their concerns together without surrendering the movement to one personality. Its strength lay in the possibility that people could participate in the struggle without waiting for permission from a leader, or for a prominent figure to tell them when to act.

 

 

When Jantar Mantar is barricaded, the streets become the site of protest

Friday’s march also carried a message about the shrinking space for public demonstrations in the national capital. As protesters gathered around Bangla Sahib and moved towards the Election Commission, the invocation of Section 163 and the subsequent detentions became part of the confrontation over the right to dissent.

 

In a statement shared from Himachal Pradesh, advocate Prashant Bhushan’s message, relayed by another account, captured the resolve of protesters confronting restrictions on public assembly: “If you barricade Jantar Mantar, the whole of Delhi will become Jantar Mantar.” The statement went on to warn that attempts to suppress protests in Delhi could spread the call for resistance across the country.

 

The message resonated with a mobilisation that was not confined to one gathering point. Anti-SIR protests were reported in Bengaluru, where demonstrators assembled around Infantry Road and the War Memorial on Brigade Road, as well as in Mumbai, where university students took to the streets demanding the CEC’s resignation.

 

 

 

The spread of the protests gave concrete meaning to the call that the defence of democracy could not be confined to a designated protest ground. People were asserting that their constitutional rights did not begin and end at a barricade, and that the demand for electoral accountability could be raised in cities and towns far beyond the capital.

 

Related:

Barricades and detentions fail to stop Delhi protesters marching against CEC

Bikaner House censors 75 photographs of Delhi protests from Raihan Vadra’s exhibition, leaving empty walls behind

CJP leaders Saurav Das, Ashutosh Ranka released on ₹50,000 bonds, undertake not to call protests at Jantar Mantar

After ‘Lehra Do Tiranga’ protests, Neha Bora Moves Delhi HC against police notice; CJP leaders’ release remains unresolved

Jantar Mantar shut to protest, CJP leaders sent to jail, Delhi police invoke ‘breach of peace’

Supreme Court seeks senior Delhi Police officer’s presence over alleged assault on women journalists; NWMI seeks binding safeguards

‘Chalo Delhi’: Thousands march to Supreme court against ‘Vote Chori’, demand Gyanesh Kumar’s removal

Caged in Police Vans, Beaten in Custody, Journalists Attacked: Delhi’s crackdown on anti-CEC protests draws UN condemnation

Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

 

 

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]]> Bombay High Court orders ₹5 lakh compensation for man illegally arrested, slams police-developer collusion https://sabrangindia.in/bombay-high-court-orders-%e2%82%b95-lakh-compensation-for-man-illegally-arrested-slams-police-developer-collusion/ Fri, 23 Oct 2026 13:06:17 +0000 https://sabrangindia.in/?p=49761 Court finds arrest arbitrary and mala fide, flags manipulation of police records and orders action against officers; judicial officers who authorised remand to face administrative scrutiny

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]]> The Bombay High Court has declared the arrest of a Mumbai businessman illegal, directing the Maharashtra government to pay him ₹5 lakh in compensation for his unlawful detention for 26 days in 2017. The Court found that the police had falsely portrayed Bipin Satish Chandra Agrwal as an extortionist, manipulated official records and acted in collusion with a property developer to prevent him from pursuing his lawful claims.

“We acknowledge that the unlawful arrest has caused substantial financial loss to the Petitioner, in addition to irreparable damage to his reputation and lasting blemish on his credibility.” (Para 26)

In a strongly worded judgment pronounced on October 22, a division bench of Justices A. S. Gadkari and Kamal Khata held that the arrest was arbitrary, mala fide and carried out without applying the law. The Court also held the Magistrate responsible for allowing Agrwal’s detention to continue without independently examining the case or recording reasons for remand.

“Upon examining the entire case and the record, we find that the Police have attempted to characterize the Petitioner as some gangster, history-sheeter or an extortionist without having an iota of evidence in that regard and even without an investigation into genuineness of complaint. Even a simple analysis and investigation of the messages and communication on record reveal that the Petitioner was alleging wrongdoings by the partners of the Developers. The Police have entirely failed to do so. It clearly appears to us that the Respondent No.2 in connivance with the Developer/ Intervener, with a view to prevent the Petitioner from pursuing his lawful remedy has falsely implicated him in the present crime by clearly con-writing a story of alleged extortion.” (Para 24)

“We find that, the learned Magistrate of the 64th Court was also responsible for the Petitioner’s wrongful detention. No reasons have been recorded for justifying continuation of remand of the Petitioner. We find that the Ld. Magistrate has failed to independently apply his mind and adopted a very casual approach, thereby causing grave prejudice to the Petitioner on account of continued entirely unlawful arrest and detention.” (Para 25)

The bench directed the State to pay the compensation within two weeks of the judgment being uploaded to the High Court’s official website. It further ordered the State to initiate strict action, including the immediate suspension of the concerned police officers, and directed the High Court Registry to place the judgment before its Administrative Committee for appropriate action against the Magistrate or Magistrates who authorised the remand.

Arrest following a property dispute

Agrwal, a resident of Walkeshwar in South Mumbai, had been appointed as the constituted attorney of his mother-in-law, Asawari K. Kulkarni, to negotiate with the developers of a housing society undergoing redevelopment. The dispute concerned the terms on which her flat would be sold or replaced following redevelopment.

According to the judgment, Agrwal was negotiating with Seth and Sonal Developers over the sale of the flat for approximately ₹1.64 crore. On August 4, 2017, the developers handed him ₹2 lakh as an advance during a meeting at their office. The police arrived shortly after he received the money, handcuffed him and took him to Azad Maidan Police Station.

The developers subsequently accused him of extortion, leading to the registration of FIR No. 243 of 2017 under Section 384 of the Indian Penal Code, which prescribed a maximum punishment of three years’ imprisonment. Agrwal was arrested on August 4 and spent six days in police custody, followed by 20 days in judicial custody. He was eventually granted bail by the Sessions Court on August 28, 2017, after being unable to secure an earlier hearing on his bail application.

Appearing in person before the High Court, Agrwal challenged the legality of his arrest and detention, alleging that the police had acted in collusion with the developers and manipulated documents to implicate him in a false extortion case.

Court exposes discrepancies in police records

The High Court’s scrutiny of the case record revealed serious inconsistencies in the police documentation, including discrepancies in the station diary entries, the FIR and the arrest form. The police claimed that a complaint against Agrwal had been lodged as early as June 23, 2017. However, the Court noted that an RTI response from the police stated that no such complaint had been received. The FIR also failed to name the complainant in the relevant record, while the charge sheet stated that a copy of the alleged earlier complaint had not been annexed.

The Court also found that the arrest form originally recorded August 5, 2017, at four places, with the date overwritten as August 4 at three of them. The arrest registration number continued to reflect August 5, exposing a discrepancy that the police had failed to explain. Other mandatory fields, including those relating to the medical examination, grounds of arrest and intimation to Agrwal’s wife, were left blank despite other records referring to these procedures.

The bench also took exception to the police having described Agrwal as a recidivist likely to abscond if released on bail, despite there being no material on record establishing criminal antecedents. The Court found these discrepancies significant and concluded that the police had attempted to construct a case portraying Agrwal as a criminal without first verifying the complaint’s genuineness. The judgment observed that the documents indicated a deliberate attempt to implicate him in a false extortion case and justify an arrest that had already taken place.

Police failed to establish why arrest was necessary

The bench found that the police had made no meaningful effort to establish why the ₹2 lakh had changed hands. Given Agrwal’s documented role as his mother-in-law’s attorney in the redevelopment negotiations, the Court held that a preliminary inquiry could have clarified the nature of the transaction. Instead, the police arrested him without adequately investigating the circumstances or establishing why custodial interrogation was necessary.

The Court held that the police had failed to demonstrate compliance with Section 41A of the Code of Criminal Procedure, which governed the notice-of-appearance procedure applicable to the case. The notice was served after Agrwal’s arrest, and there was no evidence that he had been given a genuine opportunity to comply with it before the police resorted to arrest.

Relying on the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. Central Bureau of Investigation, the bench reiterated that the power to arrest cannot be exercised merely to question a person. Police must establish why arrest is necessary and why the investigation cannot proceed without taking the person into custody. The bench found no satisfactory justification in the record. It concluded that the arrest and subsequent remand were high-handed and arbitrary, carried out without application of mind and in violation of basic statutory safeguards.

The Court was particularly critical of the conduct of the police sub-inspector, finding that the officer had exploited his position and used the police machinery to advance the developer’s interests against Agrwal. The judgment stated that the record indicated collusion between the officer and the developer, with the apparent objective of preventing Agrwal from pursuing his lawful remedies and exposing alleged wrongdoing.

Magistrate also held responsible for unlawful detention

The Court did not confine its criticism to the police. It also held that the Magistrate of the 64th Court, Mumbai, had contributed to Agrwal’s wrongful detention by repeatedly authorising custody without adequately examining the record or recording reasons. Agrwal was remanded to police custody on August 5, 2017, with the remand continued on August 8. On August 10, he was sent to judicial custody, which continued despite the absence of cogent reasons recorded in the remand orders. His bail application was also adjourned before he eventually obtained relief from the Sessions Court.

The bench found that the Magistrate had failed to independently apply his mind and had adopted a casual approach, resulting in the continuation of an entirely unlawful arrest and detention. The Court directed the Registry to place the judgment before the High Court’s Administrative Committee for appropriate action against the judicial officers who dealt with the remand applications and bail proceedings in August 2017.

State ordered to compensate victim

Holding that the unlawful arrest had caused Agrwal substantial financial loss as well as lasting damage to his reputation and credibility, the High Court allowed his writ petition under Article 226 of the Constitution. The State has been directed to pay ₹5 lakh within two weeks. The Court also ordered the initiation of strict action against the concerned police officers, including immediate suspension, and stated that the proportionate compensation could be recovered from their salaries, if so advised.

The judgment underscores that an arrest cannot be justified merely by the registration of an FIR or the subsequent grant of remand. Police officers must comply with statutory safeguards and establish the necessity of arrest, while magistrates must independently scrutinise the grounds for detention rather than mechanically authorising custody. The petition was allowed in these terms, and the connected intervention application filed by the developer was disposed of.

The complete judgment may be read below:

Download PDF

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Books Under Siege: Bengal’s Left bookstalls, the Calcutta High Court’s intervention and the warning from Hitler’s Germany

Calcutta High Court says political dissent must not be stifled, directs police to protect CPI(M) bookstall near Durga Puja Pandal

 

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]]> A Mother’s Prayer for Her Son: Faith, Forgiveness and Justice https://sabrangindia.in/a-mothers-prayer-for-her-son-faith-forgiveness-and-justice/ Fri, 23 Oct 2026 10:25:46 +0000 https://sabrangindia.in/?p=49754 As parents, our hearts are deeply pained to see our beloved son, Randall Sequeira, in judicial custody. We firmly believe that he is not involved in any criminal activities. He is a doctor who has dedicated his life to serving the poor, the oppressed, the downtrodden, and the Adivasi communities who desperately need his care, […]

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]]> As parents, our hearts are deeply pained to see our beloved son, Randall Sequeira, in judicial custody. We firmly believe that he is not involved in any criminal activities. He is a doctor who has dedicated his life to serving the poor, the oppressed, the downtrodden, and the Adivasi communities who desperately need his care, compassion, and medical services.

Randall has stood beside the Adivasi people because he is deeply concerned about their lives, their health, their ancestral lands, and their future. He fears that mining activities could expose these vulnerable communities to serious health problems and deprive them of the environment and livelihoods on which they depend.

The poor and oppressed need Randall. They need their doctor, their compassionate healer, and someone who cares about their suffering. His place should be among the people he has dedicated his life to serving.

He is facing grave charges, including murder, dacoity, and offences relating to arms. As his parents, we believe these charges are false, and we pray that the truth will emerge and justice will prevail.

When Randall called us today, he said, “Sorry.” Those words touched our hearts deeply. We know how much he respects and loves us. But, my dear son, you have nothing to apologise to your parents for. Our love for you is unconditional. We are your parents, and we will continue to stand by you with all the strength that God gives us.

We do not wish ill upon anyone. We forgive everyone, even those whom we believe have wronged our son. We place our faith in God, who calls us to forgive even in our deepest pain.

Yet, forgiveness does not mean giving up our hope for justice.

“Learn to do right; seek justice. Defend the oppressed.”

Today, our only heartfelt prayer is for Randall’s immediate release, so that he may return to his medical service and continue caring for the poor, the sick, the Adivasis, and all those who have no one else to turn to.

We pray that he will receive a fair trial, that the truth will be heard, and that justice will prevail.

As parents, we may be helpless in many ways, but we are not without hope. We place our son in the hands of Almighty God, trusting Him to sustain us through this painful ordeal.

Lord, please bring our son Randall home. The poor need him. The sick need him. The oppressed need him. His family needs him. Please give us the strength to endure this suffering and the grace to forgive without losing hope for justice.

We ask everyone to keep Randall in their prayers. May God protect him, strengthen his spirit, and open the doors to his freedom.

We seek no revenge. We harbour no hatred. We ask only for truth, justice, and our son’s release.

May Almighty God hear a mother’s prayer, comfort a father’s heart, protect the Adivasi people, and bring Randall safely back to the people who need him.

Lord, let justice prevail. Let compassion triumph. Let our son come home.

Nancy Sequeira is the mother of Dr Randall Sequeira, who is in judicial custody in Odisha

Courtesy: https://countercurrents.org

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]]> SKM calls for scrapping SIR, removal of Gyanesh Kumar and restoration of voting rights https://sabrangindia.in/skm-calls-for-scrapping-sir-removal-of-gyanesh-kumar-and-restoration-of-voting-rights/ Fri, 23 Oct 2026 07:29:22 +0000 https://sabrangindia.in/?p=49748 Samyukta Kisan Morcha (SKM) sent a memorandum to the President demanding restoration of voting rights for 13.41 crore citizens, electoral reforms and action over alleged police violence against students, women journalists and protesters

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]]> On October 22, Samyukta Kisan Morcha (SKM) has called for farmers’ protest marches on October 23, demanding the scrapping of the Special Intensive Revision (SIR), the removal and prosecution of Chief Election Commissioner Gyanesh Kumar, and the restoration of voting rights for 13.41 crore citizens whose names, it alleges, were removed from electoral rolls without transparency.

In a press release issued in New Delhi on October 22, 2026, SKM said its member organisations would submit a memorandum addressed to President Droupadi Murmu through district magistrates and sub-divisional magistrates at district and tehsil centres. It also announced demonstrations at district and tehsil headquarters, state capitals and New Delhi.

The memorandum states that farmers are uniting to protect democracy and the right to vote of all citizens, and seeks the President’s immediate intervention.

Demand to scrap SIR and act against the CEC

SKM demanded the immediate annulment of SIR and accused Gyanesh Kumar of violating his constitutional pledge. It alleged that genuine citizens had been deleted from electoral rolls to help the ruling BJP retain power and that Prime Minister Narendra Modi was protecting the Chief Election Commissioner.

Demanding Kumar’s removal and prosecution, the memorandum described the situation as a constitutional standoff. It maintained that Parliament alone holds the power to formally change the rulebook and argued that the Prime Minister could not resolve the standoff without parliamentary action to remove the CEC.

Changes to the selection panel and electoral reforms

The farmers’ platform also demanded an amendment to the 2023 Act governing the selection of election commissioners. It sought the inclusion of the Chief Justice of India on the selection panel in place of the Cabinet Minister nominated by the Prime Minister.

Alongside these demands, SKM called for comprehensive electoral reforms to introduce proportional representation, curb money and muscle power, and legalise state funding of elections.

Restore Jantar Mantar as a protest site

The memorandum demanded the immediate revocation of what it described as a Delhi Police order denotifying Jantar Mantar as a designated site for peaceful protest.

SKM said the right to protest is a fundamental right and that attacks on peaceful protesters violate the Constitution and the rule of law.

Support for students and youth protesting against SIR

Expressing support for those protesting against SIR, particularly students and youth, SKM said the October 23 demonstrations would also protest the alleged suppression and torture of protesters, including young women students, in New Delhi.

The organisation accused Delhi Police personnel and people it described as criminal elements associated with the RSS-BJP of attacking protesters. It also alleged sexual harassment of women students and journalists, calling it “shocking and shameful”.

SKM warned that if attacks on protesters continued, farmers would be forced to come forward to protect them. It urged the President to ensure an investigation, the arrest of those responsible and stringent action against offenders, including police personnel and others involved.

Criticism of the judiciary

The memorandum criticised the judiciary, including the Supreme Court, for not taking suo motu cognisance of the alleged crimes against peaceful protesters in the national capital.

SKM linked this criticism to its demand for protection of the constitutional right to peaceful protest and action against those accused of violence.

Objections to alleged house arrests

SKM also raised concerns over the alleged confinement of political and social activists in their homes to prevent them from joining peaceful protests.

The memorandum asserted that no statutory law or rule explicitly permits police to keep citizens under “house arrest”. It alleged that police, acting under the direction of Home Minister Amit Shah, were entering private homes and placing activists under illegal house arrest, particularly in states governed by what it called “Double Engine Governments”.

Describing these actions as violations of fundamental rights, privacy and democratic freedoms, SKM accused the government of turning India into a “Police State”. It demanded immediate intervention to stop such actions.

The memorandum urged the President to give the demands earnest consideration and initiate appropriate steps without delay.

October 12 meeting set protest dates

At its October 12 meeting in Karnal, Haryana, SKM decided to hold protests on October 23 in support of students and youth opposing SIR.

It also announced demonstrations in New Delhi and across India on November 26, marking six years since the farmers’ struggle at the Delhi borders, and urged farmers to prepare for prolonged protests until their demands are met.

Related:

Samyukta Kisan Morcha (SKM): Demand to hold talks with real representatives of farmers

Who controls access to voter records? ECINet audit raises fresh questions

Vote for Democracy seeks answers from ECI and TCS on ECI’s electoral database access and security

Barricades and detentions fail to stop Delhi protesters marching against CEC

Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

 

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]]> Dalit Class XI student dies by suicide after alleged casteist harassment in Coimbatore School https://sabrangindia.in/dalit-class-xi-student-dies-by-suicide-after-alleged-casteist-harassment-in-coimbatore-school/ Thu, 22 Oct 2026 13:02:27 +0000 https://sabrangindia.in/?p=49744 Family had reportedly complained to school management about caste-based taunts over food choices; headmaster, teacher and two students booked

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]]> A 16-year-old Dalit student, A Akilan, died by suicide at his home in Peelamedu, Coimbatore, on Wednesday, October 21, after allegedly facing repeated caste-based harassment by classmates. The police have registered a case against his school’s headmaster, class teacher and two students, following allegations that casteist abuse and the school authorities’ failure to act contributed to his death.

According to DT Next, Akilan, a Class XI student, had faced taunts from classmates over his caste and eating habits. The harassment had reportedly become so distressing that he left home last month and went to stay with a relative in Alandurai. His father, Ashok Kumar, brought him back and complained to the school management. Although the taunts reportedly stopped for a few days, they later resumed.

The FIR, as reported by South First, alleges that class teacher Vijayakumar asked students which of them ate beef. Following this interaction, two classmates allegedly subjected Akilan to casteist verbal abuse and physical assault. Akilan belonged to a Scheduled Caste community. His mother, Kousalya, has named the two students, the class teacher and headmaster Arunkumar in her complaint, alleging that the school failed to address the discrimination.

The harassment allegedly continued when Akilan returned to school after the Puja holidays on Wednesday. According to DT Next, he was subjected to caste-based taunts during the morning prayer assembly before returning home. His mother found him hanging when she returned home for lunch around 1 pm. He was taken to a nearby hospital, where he was declared dead.

Police are investigating the circumstances surrounding his death and the family’s allegations. A senior police officer told NDTV that the role of the school, the headmaster, the class teacher and others was being examined. The officer confirmed that a case had been registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The accused have also been booked under provisions relating to abetment of suicide and voluntarily causing hurt. Akilan’s body was kept at Coimbatore’s ESI Hospital for a post-mortem examination.

The case raises serious questions about the school’s response to alleged caste-based harassment, particularly after the family had reportedly approached its management. The allegations against the staff and students remain under investigation. The incident also comes amid earlier allegations of caste discrimination in Coimbatore’s schools. Last year, the principal of a private school was suspended after allegedly making a Dalit student who was menstruating sit on the stairs outside her classroom to write her examinations.

Related:

Three years after Darshan Solanki, Sahil Wakode’s death shows IIT Bombay still has no answer on caste, power and student deaths

Thirty years on, justice remains elusive for Dalits in Uttar Pradesh, Uttarakhand and Haryana

“Obnoxious and Caste-Coloured”: Supreme Court strikes down Odisha bail orders mandating cleaning work, declares them void

Understanding power through caste: Dr. Ambedkar’s contribution to the sociology of law

Beyond the ‘plum’ posting: Why the caste lens still defines bureaucratic success

 

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]]> Bikaner House censors 75 photographs of Delhi protests from Raihan Vadra’s exhibition, leaving empty walls behind https://sabrangindia.in/bikaner-house-censors-75-photographs-of-delhi-protests-from-raihan-vadras-exhibition-leaving-empty-walls-behind/ Thu, 22 Oct 2026 11:52:00 +0000 https://sabrangindia.in/?p=49738 The photographs documenting youth-led protests were removed hours before the exhibition opened, with the venue reportedly threatening cancellation

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]]> Hours before photographer Raihan Vadra’s exhibition No Idea Is Final was scheduled to open at Delhi’s Bikaner House on October 21, 75 of the 105 photographs planned for display were removed after the venue’s management objected to their political content. The photographs documented youth-led protests across Delhi over the preceding six months. By the time visitors entered the exhibition, two rooms had been stripped of most of their works, leaving behind empty red walls, exposed nails and a catalogue of photographs that the public could see on paper but not on the gallery walls.

The removal, which Vadra said was enforced under the threat of cancellation, is a disturbing instance of a cultural institution restricting the documentation of public dissent. The photographs were not being presented as inflammatory propaganda or accompanied by political slogans. They recorded protests, demonstrators and police action, capturing events unfolding in the capital. Yet their proximity to the political present was enough to make them unacceptable to the venue’s management, according to the artist.

 

In an exclusive interview with ThePrint, Vadra said Bikaner House had objected to the “political nature” of the photographs despite having approved his exhibition proposal on June 30 last year. He said the exhibition layout had also been shared with the management in advance, without objections being raised until the final hours before the opening.

“They made us take them down. We spoke to them, but they threatened that they would cancel the show if we didn’t take them down. So, there wasn’t much of an option left,” Vadra told ThePrint.

The artist said he was informed that the photographs were inappropriate given the prevailing political climate and the timing of the exhibition. The management reportedly maintained that the images violated Bikaner House’s booking policy, which prohibits political content. But the rationale raises a fundamental question: if photographs documenting protests can be excluded because the political circumstances surrounding them are considered inconvenient, what meaningful space remains for artists to record contemporary events?

Protest photographs deemed too political

Vadra’s exhibition brought together three years of photographic work, including wildlife photography, abstract pieces, street photography and documentation of youth movements. The protest photographs formed a substantial part of the collection, capturing demonstrations against issues including alleged irregularities in the NEET examination and protests against Chief Election Commissioner Gyanesh Kumar.

According to The Wire, the photographs included images of police personnel overpowering demonstrators, a man holding a copy of the Constitution and crowds participating in political demonstrations. One image reportedly featured Congress leader Rahul Gandhi amid the commotion surrounding a protest march. These were not detached images of an abstract political landscape. They documented people exercising their right to protest and the police response to demonstrations in the national capital. Their removal therefore raises concerns beyond an individual artist’s exhibition: it concerns whether public cultural spaces will permit visual records of dissent when those records intersect with politically contentious events.

Speaking to The Wire, Vadra questioned why an artist living in Delhi and witnessing the protests should be prevented from exhibiting what he had documented. “Forget the context and my background, but even as an artist who lives in Delhi and went to a lot of these protests – I can’t have a show here?” he asked.

Vadra said he had already removed photographs containing slogans and other overt political messaging because he did not want the exhibition to become a vehicle for political commentary. He maintained that the remaining photographs were visual documentation rather than an attempt to advance a political position.

A press note issued before the exhibition similarly described the photographs as documentation of protesters and armed personnel, without additional commentary, and stated that none contained derogatory or inflammatory material.

An ultimatum hours before the opening

Vadra told ThePrint that the management first contacted him on October 20, the day before the exhibition was due to open. He said the layout had already been shared with the venue a week earlier, on October 15, and that the administration had acknowledged receiving it. According to his account, the management subsequently raised objections to the photographs but did not provide a satisfactory resolution before the final hours of preparation. The principal resident commissioner of Bikaner House, Rohit Kumar, later inspected the exhibition and informed Vadra that works considered political would have to be removed.

Speaking to India Today, Vadra said the administration had objected to 75 photographs across two rooms. He recounted that he had initially asked the management to identify the specific photographs it considered objectionable and explain its concerns in writing, offering to discuss possible replacements. Instead, he said, he was warned that the exhibition would be cancelled if the works were not removed within the stipulated deadline.

Vadra and his team initially attempted to turn the photographs around, leaving the backs of the frames visible. That arrangement was reportedly rejected, and the photographs ultimately had to be taken down and placed in storage.The compressed timeline left little room for negotiation.

Vadra also told The Wire that he was informed that the Rajasthan state government had weighed in on the matter and that a consensus had been reached that photographs depicting the protests could not be displayed. Bikaner House management’s reported reliance on a prohibition against political content also raises questions about how that rule is interpreted and applied. Vadra said he had pointed to earlier exhibitions at the venue that featured political figures and questioned why his documentation of contemporary protests was being treated differently.

Even the Tricolour became a point of contention

The dispute extended beyond the protest photographs. Vadra said the management also asked him to remove two photographs featuring the Indian national flag. In a statement posted on Instagram, he wrote that the management had compelled him to remove most of the artworks and had also directed him to take down the two images of the Tricolour. He initially refused, insisting that he would not remove a photograph of the Indian flag. In his account to ThePrint, Vadra said he eventually had to comply with the venue’s demands to ensure that the exhibition could continue.

 

Congress MP Pawan Khera criticised the move, writing on X that when even the Tricolour was not safe from censorship, the problem lay not with the art but with the political establishment. He described the removal of the photographs as an example of a government seemingly threatened by the documentation of protests.

 

Congress leader Priyanka Gandhi Vadra also defended her son. As reported PTI, she criticised the removal of the photographs, arguing that they contained no derogatory commentary and simply documented events. She warned that restrictions imposed on one young artist could be extended to others.

In a separate post on X, she wrote: “When someone with power becomes afraid of the expression of another, he doesn’t know it, but he has already lost the very power he is trying to protect.”

 

 

 

Empty walls, exposed nails and a catalogue of what was censored

The physical consequences of the removal were visible throughout the exhibition. According to ThePrint, the two rooms from which the photographs were taken down were left largely bare, with exposed nails marking where the works had hung. The remaining exhibition included wildlife photographs and abstract works, while a catalogue allowed visitors to view images that the venue would not permit on its walls.

The empty spaces have become an unavoidable reminder of what the exhibition was supposed to contain. The photographs have not disappeared, but their exclusion from the gallery changes how visitors encounter the work: the public can now see a record of the images, alongside the visible evidence that they were removed.

Vadra told India Today that curtailing artistic expression was wrong and questioned the decision to remove such a large body of work simply because it might be considered objectionable. He also said he had regarded Bikaner House as a space where artists could exhibit their work freely, having held his first exhibition there in 2021 and returned in subsequent years.

“You can’t call yourself a cultural institution or a stakeholder in the arts if you’re going to curtail freedom of expression,” he told India Today.

Vadra told ThePrint that he intended to find another venue in Delhi to display the removed photographs. The exhibition is also scheduled to travel to Bengaluru in December, where he plans to show the collection. Speaking to The Wire, he acknowledged that he anticipated possible difficulties with future venues but said he remained determined to exhibit the work in the city where the protests had taken place.

“I can’t have a show here with only wildlife, just showcasing how beautiful things are. It would’ve been dishonest to myself,” he said.


Related:

CJP leaders Saurav Das, Ashutosh Ranka released on ₹50,000 bonds, undertake not to call protests at Jantar Mantar

Jamia’s Missing Students’ Union: Two decades without elections, and a protest met with rustication

UN experts condemn India’s crackdown on youth-led protests, flag 7,000 detentions and alleged sexual abuse

JNU revokes rustication of five students after hunger strike, agrees to withdraw FIRs and review CPO manual

India’s Electoral Crisis is fast becoming a civil-liberties crisis

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]]> CJP leaders Saurav Das, Ashutosh Ranka released on ₹50,000 bonds, undertake not to call protests at Jantar Mantar https://sabrangindia.in/cjp-leaders-saurav-das-ashutosh-ranka-released-on-%e2%82%b950000-bonds-undertake-not-to-call-protests-at-jantar-mantar/ Thu, 22 Oct 2026 07:55:19 +0000 https://sabrangindia.in/?p=49730 Special Executive Magistrate rejects Delhi Police plea for three more days of custody after Saurav Das and Ashutosh Ranka submit written undertakings to maintain peace; preventive proceedings to continue

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]]> Cockroach Janta Party (CJP) co-convenors Saurav Das and Ashutosh Ranka walked out of Tihar Jail on October 21, after spending days in judicial custody over an attempted Tiranga protest at Jantar Mantar. The Special Executive Magistrate’s order bringing their detention to an end followed an earlier decision to extend their custody by two days after rejecting the sureties furnished on their behalf.

The case began with a mobilisation against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and demands for the resignation of Chief Election Commissioner Gyanesh Kumar. Das and Ranka were among those who attempted to stage the protest at Jantar Mantar after the site had been de-notified as a designated protest venue. According to The Indian Express, the group entered the site by climbing over a locked iron gate, unfurled the national flag and raised slogans before being detained.

What followed was a series of preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), culminating in the leaders’ remand to judicial custody on October 14. Their detention continued even after the defence furnished sureties, with the Special Executive Magistrate finding those sureties unacceptable and directing the two leaders to produce fresh ones.

On October 21, Special Executive Magistrate Ritu Raj ordered their release after they furnished personal bonds and surety bonds of ₹50,000 each and submitted written undertakings promising not to call for protests at Jantar Mantar until the site is notified as a designated protest venue in accordance with law.

The sequence raises serious questions about the use of preventive powers against political mobilisation: two leaders remained in custody after their sureties were rejected, while the subsequent order found that bonds and written undertakings could adequately secure the maintenance of peace.

Sureties rejected, custody extended by two days

The immediate circumstances of the extended detention are central to the case. On October 19, after the initial five-day period of judicial custody ended, the Delhi Police sought a further five days of custody, alleging that the two leaders had violated peace bonds executed on October 11 by mobilising people for protests at Jantar Mantar and other non-designated locations.

The Special Executive Magistrate extended their custody by two days, until October 21, while rejecting the sureties produced by the defence. The order cited an apparent mismatch between one surety’s photograph on the bond and the photograph on their Aadhaar card. In the case of the other surety, the magistrate recorded that the person could not provide satisfactory answers to basic questions, including details of Das’s parentage and address.

The magistrate concluded that the sureties had no sufficient control over the two leaders to ensure their appearance before the court. The order also stated that the leaders had allegedly breached their earlier bonds and that their assurance that they would not repeat the conduct did not inspire confidence.

As reported by The Indian Express, the magistrate relied on police submissions concerning the likelihood of a breach of peace and disturbance of public tranquillity. The defence, however, disputed the basis for continued detention, arguing that the two leaders had made no fresh calls for protests after October 10 and had gone to Jantar Mantar individually.

Their counsel, advocate Abhik Chimni, also questioned the rejection of the sureties and the continued detention. The defence sought their release and maintained that there was no concrete basis to conclude that they posed an ongoing threat to public safety.

The rejection of the sureties meant that the two leaders remained in judicial custody until the next hearing, despite the defence’s efforts to secure their release. The two-day extension came after the police had sought a longer period of detention.

Release comes with an undertaking not to call protests

On October 21, the police again sought a three-day extension of judicial custody, arguing that apprehensions of a breach of peace persisted in light of the leaders’ statements and subsequent conduct. The prosecution also cited remarks allegedly made by an associate while the two were being taken to Tihar Jail, claiming that the comments undermined the authority of the Special Executive Magistrate’s court. Chimni tendered an unconditional verbal apology and assured the court that such conduct would not recur.

The magistrate declined to prolong their custody, holding that the preventive measures contemplated under Section 135(3) BNSS could be adequately secured through bonds for keeping the peace, supported by the written undertakings furnished that day.

The undertakings were specific. Das and Ranka promised not to commit any breach of peace and stated that they would not make calls for protests at Jantar Mantar until the site is notified as a designated protest venue in accordance with law. They also expressed faith in the judiciary and undertook that any protest they undertook would remain within the constitutional framework.

The magistrate directed the two leaders to furnish personal bonds and surety bonds of ₹50,000 each and ordered their release after being satisfied with the sureties. A release warrant was issued to the Superintendent of Central Jail, Tihar. Both leaders were directed to appear at every hearing and comply strictly with the conditions of their bonds and undertakings.

The matter is listed for further proceedings on October 23 at 3 PM.

The complete order may be read below:

Download PDF

Detailed piece may be read here.


Related:

Jamia’s Missing Students’ Union: Two decades without elections, and a protest met with rustication

UN experts condemn India’s crackdown on youth-led protests, flag 7,000 detentions and alleged sexual abuse

JNU revokes rustication of five students after hunger strike, agrees to withdraw FIRs and review CPO manual

India’s Electoral Crisis is fast becoming a civil-liberties crisis

 

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]]> Who controls access to voter records? ECINet audit raises fresh questions https://sabrangindia.in/who-controls-access-to-voter-records-ecinet-audit-raises-fresh-questions/ Wed, 21 Oct 2026 13:11:18 +0000 https://sabrangindia.in/?p=49725 An audit of ECINet reports Bengal-specific restrictions and controls that can switch access on or off across States, renewing questions about electoral officers’ authority, central oversight and accountability after earlier objections to the platform and changes to voter registration procedures

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]]> The Election Commission of India’s (ECI) ECINET platform contains features that allow access to enumeration form details to be enabled or disabled State by State. Its publicly available code also identifies a separate restriction that could prevent Electoral Registration Officers (EROs) and Assistant Electoral Registration Officers (AEROs) in West Bengal from viewing enumeration forms and accessing the notice-and-hearing dashboard.

The findings emerge from an audit reported by The Hindu that Charchagram, a civic technology initiative, conducted by Saurav Rajput, a data scientist and alumnus of IIT Delhi and IIM Calcutta. The audit examined JavaScript code made publicly available by the ECINET website.

The findings assume significance amid objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over the centralisation of ECINET and the electoral roll database.

The audit identifies two forms of access control that State-wise settings governing access to enumeration forms and State Nodal Officers’ accounts, and a separate restriction concerning electoral officers in West Bengal. However, it does not establish whether these controls were enforced by the platform’s backend, whether they were used in practice or which officials, if any, were affected.

State Nodal Officers’ accounts can be disabled

The Hindustan Times reported that ECINET has a dedicated management section for State Nodal Officers (SNOs), with options to create, manage, update and disable their accounts. The section includes a disable button against each officer’s entry. The confirmation message states: “On disabling this State Nodal Officer, the user will no longer be able to access the application.”

Rajput observed that this wording indicates an account-level restriction that could prevent the officer from accessing the application, rather than merely reducing the officer’s permissions.

The publicly available code also contains the message: “View enumeration form details is not enabled for selected State”.

This indicates that the option to view enumeration form details can be enabled or disabled separately for each State. Where the feature is not enabled, officials receive this message instead of being shown the forms.

The audit therefore points to a system in which access to a particular function can be controlled State by State, while an SNO’s account can also be disabled. It does not establish whether either option was exercised against any State or officer.

Separate restriction identified for West Bengal

The audit also found a separate restriction in the code that specifically identifies West Bengal.

The SIR Phase II landing page generally provides an option for officials to view enumeration form details. However, the code examined by Rajput contained a separate exclusion for West Bengal’s EROs and AEROs, potentially preventing them from accessing these forms.

The same restriction extended to the notice-and-hearing dashboard used to track, process and dispose of notices and hearing-related actions concerning voter registration and electoral roll revision.

The audit found no equivalent State-specific exclusion for EROs and AEROs in other States.

Rajput examined the publicly served code on October 2, 6, 7 and 9. The West Bengal-specific exclusion was still present in the code retrieved on October 19.

The presence of this restriction in the code does not, by itself, establish that West Bengal’s electoral officers were actually denied access. The audit did not test the application after login or examine whether the server enforced the restriction.

The information electoral officers use for scrutiny

The enumeration form page contains information relevant to the scrutiny of voters’ records. This includes the constituency, part and serial number, the elector’s voter ID and name, details of the person who submitted the form, uploaded documents and the Booth Level Officer’s (BLO) recommendation.

The page also contains documents labelled “ERO/AERO-Document” and “Hearing-Order”. Officials can use the available options to return a form to the BLO or identify an elector as belonging to a previous SIR electoral roll.

The notice-and-hearing dashboard supports the processing of cases involving notices, hearings and electoral roll revision.

If the restrictions identified in the code were enforced, they could limit the ability of the affected officers to view information required for their work. Whether any such limitation occurred remains unverified.

How the audit examined the platform

ECINET was launched in January 2026 as the ECI’s unified digital platform for officials. It brings several services under a single login, including user management, ERONET, the Right to Information module and the Enumeration Form Tracker used during the Special Intensive Revision (SIR).

Officials access these services through the platform’s official login. However, the login page also loads a large JavaScript file that is publicly accessible. The file contains interface labels, menu names, screen routes and application programming interface (API) paths, including information relating to functions intended for officials.

Rajput said he examined files that the website made available to the public. He did not use login credentials, access an official account or make calls to the application’s backend endpoints.

He said he first located the relevant feature on September 28. The current build was introduced on October 16, but he did not have access to earlier versions and could not establish when the features were first introduced or whether they had changed.

The audit establishes that the relevant restrictions appear in the publicly served code. It does not establish whether corresponding controls operated on the server, whether the features were activated or how they affected the functioning of the platform.

The findings have not been independently verified by the reporting newspaper, and the ECI did not respond to its questionnaire.

West Bengal’s SIR and the dispute over voter records

The access restrictions identified in the code concern functions central to West Bengal’s contested SIR exercise, which began on November 4, 2025.

The draft electoral roll, published on December 16, excluded 7.8% of the electorate recorded before the revision, according to the report. The ECI subsequently flagged another 1.36 crore electors for what it described as “logical discrepancies”.

Hearings were delayed amid a dispute between the ECI and the West Bengal government over the rank of officials appointed as EROs.

On February 20, 2026, the Supreme Court invoked Article 142 of the Constitution and entrusted the hearings to judicial officers. It asked the Chief Justice of the Calcutta High Court to make serving and former judicial officers available to examine pending claims.

On February 24, the Court noted that approximately 250 judicial officers had been assigned around 50 lakh cases, a workload that could take up to 80 days. It expanded the pool of judicial officers and directed that only documents submitted on or before February 14 would be considered.

The Court also placed responsibility on EROs and AEROs to satisfy the presiding judicial officers regarding the specified documents.

The judicial officers completed their work on April 6. Of the 1.36 crore cases involving logical discrepancies, approximately 22 lakh names were removed, according to the report.

Millions of appeals remained pending

The final electoral roll was published on February 28, with approximately 10% of the pre-SIR electorate removed. Supplementary lists continued to be issued until a day before the April Assembly elections because cases involving logical discrepancies were still being processed.

According to the report, 27.1 lakh people were ultimately disenfranchised. Around 38 lakh appeals remained pending before 19 appellate tribunals as the elections approached. These included challenges by people whose names had been excluded and objections to the inclusion of other electors.

The tribunals were not yet fully established at that stage. During the preceding two months, several tribunal judges had also complained that the ECI’s portal and backend processes were obstructing their work.

The audit does not establish that the access restrictions it identified caused voter exclusions, delayed the hearings or contributed to the pending appeals. Its findings concern the presence of controls in the website’s code, rather than their actual use or impact.

Questions over EROs’ statutory responsibilities

On February 21, Trinamool Congress MP Abhishek Banerjee alleged that EROs in West Bengal could no longer monitor AEROs’ progress on ECINET during the revision.

He argued that this violated Sections 13B and 13C of the Representation of the People Act, 1950, which deal with the appointment and responsibilities of EROs and AEROs, including the preparation of electoral rolls and the placement of AEROs under EROs’ control.

Supreme Court advocate Harshit Anand said that, if implemented, the reported restriction could conflict with the Supreme Court’s directions.

He explained that the Court’s February orders placed primary responsibility for document verification on EROs and AEROs, with judicial officers subsequently examining their reports. If electoral officers were denied access to forms and claims, this could also obstruct the judicial scrutiny of the cases.

These concerns depend on whether the reported restrictions were actually applied and whether they affected the work of electoral officers.

What the findings establish

The audit identifies State-wise controls over enumeration form access and SNO accounts, alongside a separate restriction in the code concerning West Bengal’s EROs and AEROs. It raises questions about how access to ECINET’s functions is configured and administered during electoral roll revision.

However, the audit does not establish when the restrictions originated, whether they were activated, whether the platform’s backend enforced them, which officers may have been affected or whether they altered the processing of voter records.

Further information about the platform’s backend operations and the permissions assigned to electoral officials would be needed to establish whether the restrictions were applied in practice and what consequences, if any, followed.

The central question remains whether the access controls identified in the code were merely present as system features or were actually used during West Bengal’s SIR process.

Auto-generated Form 7s used for deletions without written ECI guidelines

Moreover, thousands of names have been deleted from electoral rolls during Phases II and III of the Special Intensive Revision (SIR) using Form 7s automatically generated by the Election Commission of India’s (ECI) ERONet software and digitally signed by Electoral Registration Officers (EROs). However, no written communication or Standard Operating Procedure (SOP) explaining this process has been shared with State election authorities, according to officials cited by The Hindu. 

The practice has been reported in Delhi, Uttar Pradesh, Uttarakhand and West Bengal, including cases involving voters flagged for unresolved “logical discrepancies” or “no mapping”. More than 87,000 names in Uttar Pradesh and over 95,000 in Uttarakhand were reportedly deleted through this method. Under the ECI’s Manual on Electoral Rolls, 2024, there is no provision for an ERO to file Form 7. The form is intended for an eligible elector to object to an entry or seek deletion of a name. In cases of death, it may also be submitted by a family member, a local elector or a Booth Level Officer (BLO). The rules prescribe procedures for receiving, checking and displaying Form 7 applications, as well as cross-verification in specified cases. Although the ERO has the authority to delete a name found ineligible after the prescribed process, the manual does not provide a general procedure for auto-generating Form 7s in this manner. 

The manual mentions auto-generated Form 7s only in the context of verifying Photo Similar Entries, where field verification by the BLO and the required signature are necessary before the forms can be processed. The ECI had not responded to the query on the absence of written instructions, raising questions about the procedure followed for these deletions and the guidelines under which State election authorities were operating.

The TCS connection and VFD’s questions

The relationship between ECINet and Tata Consultancy Services is raised in Vote for Democracy’s statement on the “ECINet-TCS nexus”. The statement says TCS has operated ERONet 2.0 since 2023 and describes its role in the electoral software and database framework. It also raises allegations concerning changes to Form 6 and electoral officers’ access rights. These remain claims requiring responses from the ECI and TCS. 

VFD says questions sent to TCS in October–November 2025 received no reply. Its present statement asks who proposes, reviews and approves access changes; whether TCS administers permissions; what access Bengal’s judicial officers received; when independent audits occurred; and what oversight the Election Commissioners exercise. It also seeks information about external database connections and their monitoring. 

The VFD’s statement titled “Vote for Democracy Statement on the ECINET-TCS Nexus: Asking Some Questions” can be accessed from here

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The unanswered question of authority

However, reports of repeated objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, the ECI ordered a review of ECINet by a committee headed by the senior deputy election commissioner, with an independent IIT/IIIT expert, to check compliance with electoral laws and rules. The commissioners had also objected to a work-allocation change affecting oversight of the electoral IT system. The ECI said that change was never implemented and maintained that field officers’ access to ECINet matched their statutory powers.

The questions placed the findings alongside objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi to the centralisation of ECINet and the electoral roll database.

In September 26, 2026 statement, Congress General Secretary Jairam Ramesh said that the ECI’s response did not directly deny the reported findings. He questioned ECINet’s centralisation, changes to Form 6 and voter deletions, and said a technical review would not address these concerns. He demanded suspension of SIR and the CEC’s resignation or prosecution.

The immediate questions are concrete. Who authorised the Bengal exception? Was it used during verification or appeals? Who can disable State-level access? Are such decisions recorded, reviewed and communicated to the officers concerned?

The continuing presence of these controls after public objections makes a documented explanation necessary. Electoral officers’ responsibilities depend on access to the records they must examine. The ECI must explain how ECINet’s permissions support those responsibilities, who controls changes and whether any restriction prevented officers from carrying out their work.

Related:

Vote for Democracy seeks answers from ECI and TCS on ECI’s electoral database access and security

Barricades and detentions fail to stop Delhi protesters marching against CEC

Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

Karnataka Form 7 Row: 91,278 deletion requests and bulk filing complaints—where was the ECI’s check?

September 26 ECI Press Note: Does it not render SIR redundant?

 

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]]> Punjab & Haryana HC: Users must be given blocking notices immediately; sets aside Facebook page takedown https://sabrangindia.in/punjab-sets-aside-facebook-page-takedown/ Wed, 21 Oct 2026 12:54:07 +0000 https://sabrangindia.in/?p=49721 The Court held that blocking intimations issued by the police must comply with the rank requirements under the IT Rules, 2021, and that withholding the notice from affected users violates the principles of natural justice

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]]> The Punjab and Haryana High Court has ruled that social media users whose content is targeted for blocking must be furnished a copy of the government’s intimation to the intermediary immediately after it is sent. The Court held that disclosure is essential to uphold the principles of natural justice and ensure that users can meaningfully challenge restrictions on their online content.

In a judgment dated October 5, Justice Tribhuvan Dahiya set aside an intimation issued by the Superintendent of Police, Yamuna Nagar, directing Meta Platforms Inc. to block the Facebook page of Haryana 24 News Network Private Limited. The Court found that the officer was below the minimum rank prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and that the company had not been furnished a copy of the notice or informed of the grounds for the blocking.

The Court directed the Superintendent of Police to instruct Meta to restore the Facebook page to its original status within 24 hours of receiving a certified copy of the order. It further directed that any future intimation issued by an authorised officer seeking to block content on the page must be shared with the company immediately after being sent to the intermediary.

Blocking notice issued by an officer below prescribed rank

The petition was filed by Haryana 24 News Network Private Limited after its verified Facebook page was blocked in India on August 21, 2026, pursuant to an intimation issued under Section 79(3)(b) of the Information Technology Act, 2000.

The company argued that it had received neither prior notice nor a copy of the intimation sent to Meta, leaving it unaware of the reasons and material underlying the blocking action. Its directors learnt of the restriction through a notification on Facebook stating that access to the page had been restricted in India pursuant to a notice from the government or law enforcement authorities.

The State submitted that one of the company’s directors, Mohit Verma, was an accused in a criminal case registered under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023. According to the State, he had allegedly been posting videos and sending messages through the Facebook page to intimidate the victim and witnesses in the case. The Superintendent of Police, Yamuna Nagar, had consequently issued the intimation directing Meta to disable access to the page.

The State maintained that the notice complied with the 2021 Rules because the Superintendent of Police had been authorised by the state government as a delegatee. It also argued that the company could seek restoration of its page through Meta’s grievance redressal mechanism under Rule 3(2) of the Rules.

The High Court rejected the State’s defence on the question of the officer’s authority. Examining Rule 3(1)(d), Justice Dahiya noted that a reasoned written intimation seeking the removal or disabling of unlawful content must be issued by an officer authorised by the appropriate government. In cases involving the police administration, the Rules specifically require the authorised officer to be of a rank not below Deputy Inspector General of Police (DIG), with specific authorisation from the government.

The Court found that the intimation in the present case had been issued by the Superintendent of Police, who was concededly below the prescribed rank. It held that where statutory rules specify the minimum rank of the officer empowered to exercise a particular authority, that power cannot be delegated to an officer of a lower rank.

The State had failed to identify any provision in the Rules permitting such delegation or refer to an order authorising the Superintendent of Police to issue the intimation. The Court therefore rejected the argument that the officer had validly exercised delegated authority. Describing the action as an arbitrary exercise of power, the Court held that the intimation dated August 21 was without jurisdiction and was not required to have been acted upon by Meta.

“In the instant case, the intimation to the intermediary/sixth respondent for blocking access to the petitioner’s Facebook page, dated 21.08.2026, has been sent by the Superintendent of Police, who is concededly below the rank of DIGP. Accordingly, it is in violation of clause (d) to sub-rule (1) to Rule 3 of the 2021 Rules requiring that the authorised officer shall not be below the rank of DIGP. Also, once an officer not below a particular rank has been prescribed as the empowered officer under the statutory rules to issue the intimation, there cannot be delegation of such power to any other officer of a lower rank. Therefore, the contention by learned State counsel that the Superintendent of Police has been delegated the power to issue the intimation, cannot be accepted being unsustainable in law. He has not been able to show any provision in the Rules permitting such delegation, nor has any reference been made in the intimation to the order delegating the power. Thus, it is evident that the Superintendent of Police usurped the power not vested in him in issuing the said intimation in flagrant violation of statutory provisions; this is sheer highhandedness and arbitrary exercise of power.” (Para 6.3)

The Court also noted that the Rules require such intimations to undergo monthly review by an officer not below the rank of Secretary of the concerned government to ensure that they remain necessary, proportionate and consistent with the law. The State had not demonstrated that the intimation in this case had undergone the prescribed review.

“It further needs a mention that in terms of clause (d) to sub-rule (1) to Rule 3, the Government is required to review every month all intimations issued to intermediaries to ensure that the same are necessary, proportionate and consistent with the provisions of Section 79(3)(b) of the 2000 Act. It has also not been shown that any such review was carried out with respect to the intimation issued in the instant case as more than a month has lapsed since it was issued. Accordingly, this Court has no hesitation in holding that the intimation, dated 21.08.2026, issued by the Superintendent of Police is without jurisdiction, and was not required to be acted upon by the sixth respondent.” (Para 6.3)

Withholding blocking notice undermines natural justice

The judgment also addressed a critical procedural question: whether an affected user can be expected to challenge a blocking decision without being given the notice that led to it. The Court examined the grievance redressal mechanism under Rule 3(2) of the 2021 Rules, which requires intermediaries to publish the contact details of their Grievance Officers and provide a mechanism through which users can raise complaints. The Rules prescribe timelines for acknowledging and resolving grievances.

Justice Dahiya observed that although the Rules do not expressly provide for a hearing before the government sends a blocking intimation to an intermediary, the absence of such an express requirement does not dispense with the obligation to disclose the intimation to the affected user.

The Court clarified that whether a pre-decisional hearing was necessary was not an issue before it, since the petitioner had not challenged that aspect of the Rules. Its consideration was instead focused on the right to a meaningful post-decisional hearing through the intermediary’s grievance redressal mechanism. Such a hearing, the Court reasoned, would be ineffective unless the affected user knew that an intimation had been issued, what it contained and what material had been relied upon to justify the action. Without this information, a user would be unable to defend itself or effectively contest the restriction.

Referring to the Supreme Court’s judgment in Madhyamam Broadcasting Ltd. v. Union of India (2023), the High Court reiterated that the core requirements of natural justice include the right to a fair hearing and the right against bias. The Court observed that procedures established by law must be fair and reasonable and cannot disregard these fundamental requirements. It held that the obligation to furnish the intimation must be read into Rule 3(2), even though the provision does not expressly require the government or its agency to notify the affected user before sending the notice to the intermediary.

“Although sub-rule (2) to Rule 3 does not explicitly lay down the requirement for the Government or its agency to notify the user/person responsible for uploading the data or information on the social media page before sending the intimation, it is an essential obligation ingrained in the principles of natural justice and has to be read into the Rule. Accordingly, a copy of the intimation must be furnished to the user when it is sent to the intermediary. This will make the procedure of sub-rule (2) to Rule 3 compliant of the primary tenets of natural justice and constitutionally valid. In the instant case, the petitioner has not been furnished a copy of the intimation dated 21.08.2026, either by the Superintendent of Police or the intermediary and has been kept completely in dark about the whole exercise. In such a situation, approaching the grievance redressal mechanism by it will be a futile exercise and seriously impair its right to defend. Therefore, this Court finds no justifiable ground to relegate the petitioner to the Grievance Officer for resolution of grievance against blocking of its Facebook page.” (Para 6.4)

In the present case, neither the police nor Meta had furnished the company with a copy of the intimation. The Court found that the petitioner had been kept completely in the dark about the blocking exercise, making it unreasonable to direct it to approach Meta’s Grievance Officer as the sole avenue of redress. Without access to the notice and the grounds underlying the action, the grievance redressal process would be futile and would seriously impair the company’s ability to defend itself, the Court held.

Facebook page ordered to be restored

Setting aside the August 21 intimation, the High Court directed the Superintendent of Police to instruct Meta to restore the company’s Facebook page to its original status within 24 hours of receiving a certified copy of the order. The Court further directed that if the government identifies information, data or communication links on the page that are prohibited by law and being used for illegal activities, any intimation issued by the authorised officer to the intermediary must be furnished to the petitioner immediately after it is sent.

The ruling underscores that the power to restrict access to online content must be exercised by officers authorised under the statutory framework and in accordance with the safeguards prescribed by law. It also makes clear that the right to challenge a blocking action cannot be meaningful if the affected user is denied access to the very notice on which that action is based. The petition was accordingly disposed of.

The complete judgement may be read below:

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Related:

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Synthetic Content, Three-Hour Compliance and the Risk of Over-Removal: Analysing the IT rules amendments

How big tech is profiting from Hindutva hate music

Meta’s policy shift: Fuelling hate in an era of LGBTQIA+ inclusion

From fact-checking to chaos: How meta’s new moderation model risks eroding trust and democracy

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