SC opposes use of SIR data for non-poll tasks
The Supreme Court stated on Friday that the Special Intensive Revision (SIR) is only linked to elections as a petition said the West Bengal government is using SIR data to delete names from schemes ensuring food security, women’s welfare and Backward Caste certifications.Justice Joymalya Bagchi, one of the three judges on the Bench headed by Chief Justice of India Surya Kant, said the Supreme Court, in its May 27 judgment in the Bihar SIR case, had made it very clear that the SIR outcome cannot be used for any other purpose, least of all to conclusively determine citizenship.
“The Election Commission has a corresponding duty to refer the matter to the government for adjudication under the Citizenship Act… Until and unless that is done, for all other purposes, the status must go on. The EC is not a constitutional authority regarding Articles 9, 10, 11 and 12 [dealing with citizenship rights] of the Constitution,” Justice Bagchi observed. The court issued notice to the EC, West Bengal government, and the Chief Electoral Officer of the State on a petition filed by Congress leader Prasenjit Bose that deletion from electoral roll has resulted in serious civil consequences extending beyond the right to vote.
Mr. Bose, represented by senior advocate Gopal Sankaranarayanan and advocate Neha Rathi, drew the court’s attention to three orders passed by the West Bengal government. The petition said the State issued a notification on May 19 that purged voters must not remain beneficiaries of the Annapurna scheme for cash transfer to women unless they had filed appeals before the SIR tribunal.
On June 4, the State directed the deletion of beneficiaries under the Public Distribution System (PDS) on the basis of the outcome of the SIR. On May 14, it issued an order calling for authorities to re-verify and cancel caste certificates of names deleted from the SIR list.
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