Court allows police to investigate case against man for allegedly publishing false info on EVM

A Delhi court on Saturday allowed police to investigate a case against a man who shared allegedly false information on social media, claiming that EVM/VVPAT machines brought to give demo in his area ahead of the assembly elections were not showing correct vote count result.

Metropolitan Magistrate Abhilash Malhotra gave permission to the Station House Officer (SHO) of Sabzi Mandi Police Station to investigate the case against a Delhi-resident who allegedly posted a video, claiming that the voting machine was not showing correct results.

The police approached the court seeking permission for investigation as the case was registered for non-cognisable offences.

According to the Code of Criminal Procedure, no police officer shall investigate a non-cognisable case without the order of a magistrate having power to try such case or commit the case for trial.

The case was registered on the complaint of Shammi Kumar, a junior assistant at a polling centre at Timarpur in Delhi.

In his complaint, Kumar said that he was on election duty and giving a demo of EVM/VVPAT machines for raising awareness among voters ahead of the assembly elections.

The accused cast three votes and found that the total vote count was five, following which he raised objection against the difference in vote count, the complaint said.

He recorded a video of the incident too, it said.

The complainant said that he tried to explain to the man that two other people had taken a demo before him and hence the voting machine showed that five votes.

Kumar gave Pandit a demo of the machine again and showed him the same number of votes cast by him, the complaint said.

It alleged that despite this, Pandit posted the video on social media claiming that EVM/VVAPT was not showing the correct vote count result.

Kumar then registered a case with the police for non-cognisable offences under section 186 (obstructing public servant in discharge of public functions), 177 (furnishing false information) and 505 (1) (publishing statement, rumour or report) of the India Penal Code (IPC).