"This is a big issue...": Kapil Sibal declines to comment on EVMs

"When the Supreme Court of India said that we must trust our machines, and we must trust the Election Commission of India if the Supreme Court itself is trusting them, why should I comment on them? If we start trusting the government and the machines, then all work should be done through the machines. Why do courts exist then? If we start trusting the government, then what is the use of giving verdicts? This is a big issue; I'll comment on it later," Sibal told ANI on Sunday when asked about the EVMs.

Kapil Sibal also suggested that the matter on the integrity of EVMs should be raised in the Monsoon Session of the Parliament and not in the upcoming session because the matter needs "elaborate discussions."

"In this session, there will be the President's address followed by a discussion on it. It may come up in the Monsoon Session. I think this issue should not be raised in this Session because there should be elaborate discussions on this issue," the Rajya Sabha MP said.

On the report that a Shiv Sena leader Ravindra Waikar's relative carried a mobile phone inside a counting centre in Maharashtra's Goregaon that was allegedly used for generating the OTP that unlocked the EVMs, Kapil Sibal pointed out that the matter is related to "electronic voting through ballot papers" and not directly linked to EVMs.

"This matter from Maharashtra where the candidate lost by 48 votes is not related to EVMs. It is about electronic voting through ballot papers. This matter is not directly related to EVMs," Sibal said.

Sibal further said that there may be vote manipulations through the Electronic Ballot Voting System as they are "electronically controlled".

"The electronic ballot system through which elderly people who are above 85 years can vote, thorugh this, if there are 1000-1500 votes in every assembly constituency, in 10 assembly constituencies it sums up to 10,000 votes. There may be manipulations in this. This is because Electronic Ballot Voting System is electronically controlled. This case is different from EVMs," he said.

The Returning Officer of Mumbai North West Parliamentary Constituency dispelled reports of EVM tampering and clarified that no OTP (One Time Password) on mobile is needed for unlocking EVMs.

"There is no OTP (One Time Password) on mobile for unlocking EVM as it is non programmable and it has no wireless communication capabilities. It is a complete lie being spread by a newspaper, which is being used by some leaders to create false narrative," Vandana Suryavanshi, the Returning Officer of 27 Mumbai North West Parliamentary Constituency said in a press conference on Sunday.

Sibal also alleged that Chief Election Commissioner Rajiv Kumar has been "biased" in the recently concluded Lok Sabha elections.

"It is better to speak less of the Election Commission of India, especially the Chief Election Commissioner. His attitude has been biased. I think the Opposition needs to act on it," Sibal said.

"Everyone knows the reason. If notices are not even served to individuals who give such statements that are against the Penal Code and can be prosecuted under several Sections; the way our Election Commission does not even answer the Opposition, the way there are differences between the votes polled and the votes counted...all these are serious issues," the Rajya Sabha said.

"If elections are not conducted impartially through the specified structure, then our democracy is in danger," Sibal added.

The senior advocate suggested that the Opposition should discuss whether free and fair elections are possible if such a partial attitude of constitutional institutions continues.

"The way the Election Commission has acted after 2014, all Opposition parties should think seriously about whether free and fair elections are possible if this attitude of constitutional institutions continues...The Opposition should raise this issue in the (upcoming) session strongly," Sibal said. (ANI)