Himalaya Harbinger, National Bureau.
The fact that Delhi’s Parliament Street police station accepted a complaint against the four, among others, for conspiring and carrying out voter fraud itself is startling. Delhi police is under HM, Amit Shah.
The complaint was filed in person by SC lawyer, Mehmood Pracha, who has been fighting a relentless battle to get rid of EVMs. He heads the Mission Save Constitution. He is the one who has been organising most of the protests against EVM in Delhi and has been arrested several times.
The complaint has been filed under various cognizable sections of the IPC and those from RPA with regards to discrepancies in votes polled and counted in various Constituencies, along with other illegalities that took place.
An Investigating officer has been appointed to investigate the complaint but an FIR has not yet been filed.
Pracha told a news channel that, if the police failed to register an FIR as required in cognizable cases after accepting the complaint, he would approach the relevant JMFC’s court.
A different approach has been employed by Pracha as opposed to the others over EVM. The others focused on Constitutional issues over EVM without any supporting evidence that comes up only in the trial court. This enabled manoeuvres by Judges.
Paricha, on the other hand, wants to go through the trial phase to have evidence recorded to build the basis for unassailable arguments if the matter lands in the SC.
If an FIR is filed, there is no doubt that it will either be challenged by the respondents or closed. That challenge will be confronted by Pracha and the cycle will go on until it reaches the SC if relief is not granted by lower courts or High Courts. He is confident of matters moving quickly.
The evidence is prima facie with regards to vote fraud as ECI has officially released the figures without explaining how 2.1 crore votes were added to 1st phase polling. This matter is also separately before the CJI’s bench.
According to various reports, the discrepancies between votes polled and counted has occurred in at least 140 Constituencies, indicating large scale fraud.
The ECI also violated Representation of People’s Act by not counting and recording the postal ballots before the EVM ones were counted.
Advocate Manu Singhvi too separately took this matter up with the ECI on Saturday, telling the press that the ECI had acted beyond its powers in changing rules pertinent to postal ballot counting.
He also said, in many cases these votes were inflated by as much as three times. Many BJP candidates have won with margins of around 5000 votes.
The lengthy complaint by Pracha narrates the Conspiracy right from passing a law to bringing in ECs of the government’s choice to every act of omission and committed by the ECI to benefit the BJP.
The advocate sees a tough battle ahead including personal harm, yet he is confident of getting favorable orders.
The HM can get the cops to dispense with the complaint but because it is acknowledged by the police, who faltered by accepting the complaint but not registering an FIR, the matter already has a foothold in the courts.
This lapse opens the way to have the JMFC court to order the cops to register an FIR and initiate investigation which is basically gathering of evidence which is already in Pracha’s possession and with the public at large.
He has already obtained an order from the High Court asking for the videos of the polling and counting in all constituencies to be preserved in all 543 Constituencies.
If the JMFC’s court fails to order the police to register an FIR, Pracha intends to approach the next higher court and the next one if necessary till it is registered.
All of this only adds to the problems being faced by Mosha. The news is certain to go viral, while the HM is not as powerful as he was to contain an acknowledged complaint filed by a SC lawyer.
The complaint forms a solid basis on which to argue the case for banning EVMs, which is essential as it increasingly appears that there will be mid-term or even earlier polls.
