EVM Damage Case | SC Issues Notice to BB Patil, Karnataka Govt. Opposes Quashing of Complaint

On Friday(17th May),Supreme Court seeks JD(S) leader BB Patil’s response to Karnataka govt’s challenge on EVM damage case. Appeal filed against Karnataka HC’s 2023 order.

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EVM Damage Case | SC Issues Notice to BB Patil, Karnataka Government Opposes Quashing of Complaint

NEW DELHI: On Friday(17th May),The Supreme Court has directed Janata Dal (Secular) leader BB Patil to respond to a plea by the Karnataka government, which opposes the quashing of a criminal complaint against Patil for damaging Electronic Voting Machines (EVMs). A Bench comprising Justices Vikram Nath and Satish Chandra Sharma issued the notice to Patil, seeking his response to the appeal filed by the State challenging a July 2023 order of the Karnataka High Court’s Kalaburagi Bench.

The Karnataka government contended that the complaint against BB Patil, a retired police officer who joined the JD(S), was wrongly quashed by the High Court. The State argued that the High Court failed to appreciate the overwhelming evidence against Patil, which included video recordings and photographs showing him as part of a mob that attacked and abused government officials on election duty, and damaged the EVM machines.

“The High Court overlooked the substantial evidence presented against him, including video recordings and photographs, demonstrating his involvement in the mob that assaulted and harassed government officials on election duty, resulting in EVM machine damage.”

-the State’s plea stated.

Emphasizing Patil’s active role in the incident, the State’s plea highlighted that he had led the mob that attacked poll officials, causing damage to vehicles and destroying election materials, including EVMs, during the assembly polls last year. The video recordings, which are part of the charge sheet, revealed Patil’s involvement in the unlawful assembly and his commission of various offenses.

“The video recordings, included in the charge sheet, depict the respondent’s involvement in leading and participating in an unlawful assembly, thereby committing the offenses.”

– the plea asserted.

Furthermore, the State pointed out that the chargesheet was not presented during the proceedings before the High Court. This omission prevented the High Court from considering crucial evidence that substantiated the accusations against Patil.

Advocate DL Chidananda appeared on behalf of the State of Karnataka in the Supreme Court hearing. The State’s plea raises concerns about the quashing of the criminal complaint against BB Patil and highlights the need for a thorough examination of the evidence against him. The Supreme Court’s decision to issue notice to Patil indicates that the court recognizes the significance of the case and aims to ensure a fair and just resolution.

The incident of EVM damage during last year’s assembly polls triggered widespread outrage, prompting concerns about the security and credibility of the electoral process. It is imperative to promptly and effectively address such incidents to uphold the democratic foundations of our nation.

CASE TITLE:

State of Karnataka vs BB Patil and anr.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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