If illegality found in SIR, we will strike it down: SC

New Delhi: The Supreme Court on Monday made it clear that the publication of final voter list being prepared by the poll body as part of the special intensive revision (SIR) in Bihar will not inhibit SC from striking it down 'if it finds any illegality in the process'.

A bench of justices Surya Kant and Joymalya Bagchi verbally observed, "if we find any illegality (in the SIR), we will definitely strike it down" regardless of the finalisation of the revised list.

SC also refused to modify its September 8 order directing the Election Commission of India to accept Aadhaar card as identity proof document for inclusion in the revised voters' list.

BJP leader and advocate Ashwini Kumar Upadhyay sought modification of the said direction contending that Aadhaar cannot be considered as proof of citizenship and cannot be equated with the other documents accepted by the poll body.

SC said the direction is only interim in nature and the issue of the document's validity as a proof is still open to be decided in the main plea pertaining to the Bihar SIR.

Justice Kant verbally remarked that almost every document, including driving licences and ration cards, can be forged. The bench said that Aadhaar cannot be singled out on this ground. "Aadhaar is to be utilised to the extent the law permits," SC said.

The bench adjourned the case to October 7, observing that by then the "suspense period" will be over. The bench was referring to the publication of the final list to ascertain how many electors have filed representations seeking inclusion and exclusion in the final list.

At the previous hearing, SC had directed ECI to accept Aadhaar card as an identity proof document by an elector seeking inclusion in the revised voters' list. The bench had also directed the poll body to include Aadhaar as the 12th document in the existing list of 11 admissible documents being accepted by ECI for the revised roll.

SC had made it clear though that Aadhaar is not proof of citizenship and gave ECI liberty to examine the authenticity and genuineness of Aadhaar cards being submitted to ensure that they are not forged. "Those who are citizens of this country are entitled to inclusion (in the revised roll). Those who are claiming citizenship on the basis of forged documents need to be excluded," justice Kant had verbally remarked.