New
Delhi:
Any attempt of booth capturing or bogus voting should be dealt with iron hands
because it ultimately affects the rule of law and democracy, the Supreme Court
said on Friday while dismissing appeal of men convicted for rioting at a poll
booth in Jharkhand.
Referring
to its earlier verdicts, a bench of Justice D Y Chandrachud and Justice M R
Shah said freedom of voting is part of freedom of expression and secrecy of
casting votes is necessary for strengthening the democracy.
“The
essence of the electoral system should be to ensure freedom of voters to
exercise their free choice. Therefore, any attempt and of booth capturing or
bogus voting should be dealt with iron hands because it ultimately affects rule
of law and democracy,” the bench said.
Observing
that in elections to the Lok Sabha and state legislatures maintenance of
secrecy is a must, the bench said in democracies where direct elections take
place it is important to ensure that voter casts his vote without fear and
being victimised if his vote is disclosed.
“Democracy
and free elections are part of the basic structure of the Constitution. An
election is a mechanism that ultimately represents the will of the people.
Nobody can be permitted to dilute the right to free and fair elections,” the
bench said.
The
top court dismissed the appeal filed by Lakshman Singh and others who were
convicted under sections 323 (voluntary causing hurt) and 147 (rioting) of the
Indian Penal Code. It said that since the state has not preferred the appeal
against six-month imprisonment awarded to Singh, it rests the matter there.
As
per the case of the prosecution, an FIR was lodged at Paatan Police Station on
November 26, 1989 alleging that on the eve of general election, the complainant
was working as a worker of Bhartiya Janta Party at village Golhana Booth No.
132 under Paatan Police Station and was issuing slips to the voters.
At
around 10:40 am the accused persons who belong to another village Naudiha came
armed with lathis, sticks, country made pistols and asked him to stop issuing
voter slips and handover the voters list which he was possessing and on his
refusal the accused persons started physically beating him.
After
conclusion of the investigation, the investigating officer filed charge sheet
against 15 accused including the appellants and the trial Court framed the
charge against the accused persons for the offences under Sections 323, 307,
147 of the IPC.
The
top court said once the unlawful assembly is established in prosecution of the
common object, i.e., in the present case, “to snatch the voters list and to
cast bogus voting”, each member of the unlawful assembly is guilty of the
offence of rioting.
“The
use of the force, even though it be the slightest possible character by any one
member of the assembly, once established as unlawful constitutes rioting. It is
not necessary that force or violence must be by all but the liability accrues
to all the members of the unlawful assembly,” the bench said.
The
top court said the appellants are rightly convicted under Sections 323 and 147
IPC and sentenced to undergo six months simple imprisonment only for the said
offences.
The
top court directed all the appellants to surrender forthwith to serve out their
sentence.
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