High Court Mandates Independent Forensic Examination of Controversial Patiala Election Audio Recording
The Punjab and Haryana High Court has issued a significant directive for an independent forensic investigation into an alleged audio clip connected to disruptions during the nomination process for Zila Parishad and Block Samiti elections in Patiala. In a decisive move, the court has ordered that the electronic material be sent to an agency outside the state's control and supervision to ensure impartiality.
Court Flags Election Commission's Inaction on Earlier Warnings
A bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry expressed disappointment that the Election Commission had not acted upon the court's previous suggestion for an independent examination. The bench emphasized that the Commission's ultimate objective should be ensuring free and fair elections, which requires transparent and impartial actions.
The court noted with surprise that despite earlier concerns raised about election fairness in Patiala, the Commission had failed to forward the material to an external agency to address mounting doubts and complaints surrounding the matter.
Wide Powers of Election Commission During Poll Period
During the hearing, the court firmly established that during election periods, the administrative and police machinery operates under the Election Commission's control and supervision. The bench rejected arguments about jurisdictional limitations preventing the Commission from sending material outside its domain.
The court clarified that all actions taken by police or other authorities during elections remain subject to the Commission's oversight, reinforcing the constitutional authority vested in the election body.
Background of the Controversial Audio Clip
The case originated from petitions seeking an independent inquiry into the alleged conduct of the Patiala Senior Superintendent of Police, whose voice was purportedly heard in the circulated audio recording. According to petitioners, the clip contained disturbing instructions including:
- Stopping political opponents from participating in the election process
- Acting on directions from a local legislator
- Providing favorable reports for ruling party supporters
- Ensuring rejection of nomination papers to engineer uncontested victories
These allegations, if proven, would represent serious violations of the Model Code of Conduct governing elections in India.
Investigation Status and Legal Proceedings
An FIR has already been registered under provisions related to misinformation and offences under the Information Technology Act, with the audio clip currently under investigation. The Election Commission and State government had argued that forensic verification couldn't proceed because the original recording device hadn't been produced despite repeated notices to complainants.
However, the bench remained unconvinced by this explanation, observing that the Commission possesses wide constitutional and statutory powers during elections, including authority to suspend officers functioning under its control. When the Commission argued there was no explicit mandate allowing referral to external agencies, the court countered that it has ample authority to act in the interest of free and fair elections.
The court's writ of mandamus, issued while disposing of two petitions in the matter, includes specific directions to ensure no interference with the investigation process. This landmark decision reinforces judicial oversight in electoral matters and sets a precedent for handling electronic evidence in election-related controversies.
