[EVM Hacking Row] Petition Filed in Bombay HC Against Rahul Gandhi, Uddhav Thackeray

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The petition argues that the INDIA bloc leaders used this story to create a false narrative, violating the Bombay High Court’s order in the ‘Nilesh Navlakha vs Union of India’ case, which set guidelines to avoid media trials.

Mumbai: Today (11th July): A petition has been filed in the_ Bombay High Court against Congress MP and Leader of Opposition in Lok Sabha, Rahul Gandhi, and other leaders of the INDIA bloc, over their claims of hacking Electronic Voting Machines (EVMs) in the recent Lok Sabha elections. The petition seeks contempt proceedings for allegedly interfering in a subjudice matter.

The petition names Rahul Gandhi, Shiv Sena (UBT) leaders Uddhav Thackeray, Aditya Thackeray, Sanjay Raut, and YouTuber Dhruv Rathee. It claims these leaders shared a story on social media about the hacking of EVMs by relatives of Ravindra Waikar, which was factually incorrect and for which the tabloid responsible had already issued an apology.

The petition argues that the INDIA bloc leaders used this story to create a false narrative, violating the Bombay High Court’s order in the ‘Nilesh Navlakha vs Union of India’ case, which set guidelines to avoid media trials.

The petition accuses Dhruv Rathee and others of habitually creating false narratives and conspiracy theories to prejudice ongoing investigations or subjudice cases. However, the court refused to hear the petition immediately, directing the petitioner to seek listing of their plea before an appropriate bench by approaching the Chief Justice.

Background

Ravindra Waikar, a leader from Shinde Sena, won the Mumbai North West seat in the recent Lok Sabha election. Following the results, a media report claimed that a relative of Waikar used a mobile phone to connect with an EVM, which the returning officer dismissed as “false news,” and a defamation notice was issued.

In response, Congress leader Rahul Gandhi expressed “serious concerns” about the functioning and reliability of EVMs. He responded to a post by Tesla CEO Elon Musk, stating that EVMs in India are a “black box” lacking transparency and accountability, thereby undermining democracy. Gandhi shared the media report alleging Waikar’s relative had a phone capable of unlocking EVMs.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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