Election Commission accused of sharing electoral roll with Delhi Police after riots in capital

The Election Commission of India (ECI) had allegedly shared photos and addresses of all the residents of north-east Delhi with police after the February 2020 pogrom. This is in contravention to the rules of the Commission. However, the ECI denies the charge.

According to a letter put out by activist Saket Gokhale, Under Secretary Rajan Agarwal had directed the Chief Electoral Officer of Delhi to ‘display the electoral roll along with images of electors of north-east Parliamentary constituency with the Delhi Police.

The letter by Agarwal stated, “I am directed to refer to your letter dated 06.03.2020, on the subject cited, and to state that the electoral database of entire AC/District should not be shared with the Police Authorities in accordance with the Commission’s prevailing policy and practice.

The Commission, keeping in view of the request of Delhi Police that photographs of electors, as available in the electoral roll of North-East Shahdara and East Delhi Districts are to be matched with the photographs of culprits captured through CCTV and other video footage available with the investigation team of recent incidence of violence in Delhi, has directed to advise CEO Delhi to display the electoral roll along with images of electors of North-East Parliamentary Constituency before the investigating officer in his office. Action be taken accordingly.”

The Delhi Police had sought the digital electoral database of three districts in north-east Delhi where the pogrom had happened in February in connection with their investigation. The Delhi Police has come under severe criticism for inaction against BJP and Hindu leaders for their role in the communal violence in the area. They had approached the state Chief Electoral Officer, and the Police Commissioner SN Shrivastava had also written to the poll panel in the first week of March.

The Delhi Police wanted to procure a digital copy of the electoral roll as it wanted to use a software to match the faces digitally to its list of riot suspects, said reports.

The EC issued a press statement saying that it had followed original guidelines of 2008 and clarificatory orders of 2020 on sharing of electoral roll and EPIC database with various government departments.

“It is hereby clarified in view of the anecdotal reports which are not based on empirical facts, that the Commission has not in any way deviated from the original guidelines of 2008 and clarificatory orders of 2020 in any manner,” said the EC.

“It also needs to be stated that as far as criminal investigations by regulatory departments/ enforcement agencies is concerned, it is under their own extant Acts, Rules and guidelines, which in any case can be challenged in the Hon’ble Courts of law. In fact, the entire super structure of criminal justice system is erected on this. It is only when the Model Code of Conduct is enforced that Election Commission invariably takes note of any such event(s)/ incident(s), which have the potential of disturbing and/ or disrupting the smooth conduct of electoral process and ECI does not interfere in the day to day functioning of the regulatory departments/enforcement agencies,” the statement said.