New Delhi: The Supreme Court on Monday termed the alleged incident of EVM being damaged by YSR Congress MLA Pinnelli Ramakrishna Reddy, as "sheer mockery of the system."
The court also barred him from entering the counting area and station concerned designated for Macherla assembly constituency on the day of the counting on June 4.
The apex court wondered how the high court granted interim protection in such matters. The matter pertains to a viral video that showed the MLA smashing the EVM machine in the polling booth in Macherla.
A vacation bench comprising justices Aravind Kumar and Sandeep Mehta was hearing a plea by TDP activist from Macherla, Namburi Seshagiri Rao, against YSR Congress MLA. Rao, who is also the counting agent of the TDP, said that the MLA had destroyed the EVM in Macherla on the day of polling.
Rao’s counsel urged the bench to examine the video of the incident.
'Tell All Video'
“What fun is being made… This is the mockery of the system, sheer mockery (of the system)… How many people can enter the polling booth,” Justice Mehta said, after watching the video of the incident.
The apex court was informed that the high court had granted anticipatory bail to Reddy till June 5. Senior advocate Vikas Singh, representing Reddy, said that he was ready to give an undertaking that he would not go near the counting station and urged the bench to allow the high court to continue hearing the matter on June 6.
SC's Poser On Interim Protection
The bench questioned why interim protection was given by the high court in such a case and added, “let this be an example…we will tell the high court to decide it on merits without being influenced by its earlier order.” Justice Mehta said it is not only about the video but there are pictures of the EVM being damaged on the Election Commission’s website and “it was a live web telecast”.
“We can ignore the video and photographs. The complainant says both EVM and VVPAT were taken away and destroyed…eight people stormed inside the polling booth...”, the bench told Singh, who replied that who stormed inside the booth is the question.
“Where was the question of bail...If we do not stay this order, it will be making a mockery of the justice system”, the bench made this observation regarding the high court relief to Reddy.
'Video Is Not Doctored'
The bench said it is inclined to prima facie accept the allegations made in the complaint. Singh said his client was not named in the first FIR and his name included in the FIR ten days later.
"The videos, regarding the incident, brought on record are not official," he said.
The bench told Singh that his client can give an undertaking that he will not be seen in the vicinity of the counting area. “Mr Singh, this video is not a doctored video…”, said Justice Mehta.
HC Told To Decide Bail Plea Based On Merits
The bench accepted the respondent’s submissions that he will not enter the counting area and station concerned at Macherla assembly constituency. It said the submission will suffice at this stage. It directed the high court to decide on extension of bail plea on June 6 independent of earlier grant of interim protection.
A video showing MLA Ramakrishna Reddy smashing the EVM at a polling booth went viral on May 13. The incident occurred on May 13 during the simultaneous polling for elections to the assembly and Lok Sabha in Andhra Pradesh.
The MLA had moved the high court for anticipatory bail. The high court restrained the police from taking any coercive action against the MLA till June 5 and posted the matter for further hearing to June 6.
Watch: Andhra Pradesh MLA Knocks down VVPAT to Ground in Polling Booth; ECI Orders Strict Action
