ECI videos of EVM-Strong Rooms Allegedly Show Fudging: Explosive

Prema Sridevi: Today I have with me Mr. Mehmood Pracha, who is a senior lawyer and also the Founder and National Convener of Mission Save Constitution. Mr. Pracha has handled several high-profile cases in the country. Thank you, Mr. Pracha, for joining me.

Mehmood Pracha: Thank you for having me.

Prema Sridevi: Mr. Pracha, a few days ago, I interviewed a former IAS officer, Mr. MG Devasahayam, regarding a report he was working on, which was published by Vote for Democracy. This report has some shocking findings which state that the ruling BJP-led NDA could have potentially secured 79 seats through a suspicious vote hike in the recently held general elections. I know that you have been closely following these reports and have filed a writ petition before the Delhi High Court against the Election Commission of India. Tell me more about this petition. What are your prime contentions?

Mehmood Pracha: See, Mr. Devasahayam and a small group of dedicated people are actually fighting for the base of democracy, which is voting. The basic stance is government by the people, of the people, for the people. If the 'by' is removed, if it is not by the people, then everything else falls. So, the basic concept of ensuring a government by the people is a free and fair election. If the elections are not free and fair, if the votes which are cast are not counted, then it's a government which is not by the people. Even as Mr. Elon Musk has also recently said, EVMs are not the safest method. He is a technocrat making his bread and butter out of technology, and he says that the paper ballot is the only safest method. So, there must be some substance in it. We are working to ensure that elections in India are held only and only through paper ballots.

The legal position is, as per Section 61A and Section 59 of the Representation of the People Act, that holding elections, especially parliamentary and assembly elections, by way of paper ballot is the norm, and EVM is an exception, which can only be used if the Election Commission issues a specific order for every constituency. That is the legal position as it stands today.

In January 2024, we initiated a huge campaign in the form of public protests and campaigns against EVMs, which caught the attention of people across the country, even the political parties. You must have heard various top opposition leaders speaking against the EVMs. Unfortunately, the political parties did not take it seriously, and the result is what we are seeing now. 

The figure of 79 seats is a bare minimum; I feel the actual figure is much higher. The reason for these almost four and a half crore votes being suspicious is no joke, and there is more. This is a very cursory study that has been done.

The interesting part is that the Election Commission of India says, "Trust us because we are appointed by way of a constitutional provision, Article 324." But the entire scheme of law and the rules and regulations under the Representation of the People Act, along with all the notifications, guidelines, and handbooks written by the Election Commission, are based on the mistrust of even the Election Commission of India.

At every point in time and at every stage of the election, there is a provision that allows the working of the Election Commission to be verified by political parties, candidates, and even voters. So, it is surprising that the Election Commission asks us not to doubt them, and they have gone to the extent of filing false affidavits before the Supreme Court and various high courts.

"The Supreme Court Was Deceived by the Election Commission of India"

The Supreme Court was convinced, or rather deceived, by the Election Commission through affidavits and arguments that EVMs may or may not be safe. The Election Commission argued that they make EVMs safe by putting in various safeguards written into their guidelines, rules, notifications, and handbooks. But handbooks and guidelines are made for various officials like the returning officers, polling officers, observers, police officers, and even candidates. This convinced the Supreme Court that we have such a robust protocol that makes the EVMs safe. However, our case shows that EVMs are not inherently safe, and the safeguards are often flouted at every stage of the election process.

“To Gather Evidence, I Contested the Election from Rampur, Uttar Pradesh”

As a candidate, I could access the election process and EVM machines. Contesting the election allowed me to collect substantial evidence showing that at every stage, the rules, protocols, and handbooks were flouted. I filed various petitions in the Delhi High Court, as I got video and CCTV recordings of every stage of the election. 

The Election Commission of India took a pledge in the Delhi High Court that they will record every stage of election starting from the first level of checking of EVMs to the counting of votes and declaration of results, and keep the material, including CCTV footage and EVM machines, in safe custody of all 543 elections of the Lok Sabha. 

I have also filed a police complaint asking the police to receive and take the video footage from us, which shows that at every stage of the elections, rules, regulations, guidelines, and safeguards were flouted with impunity. Despite pointing out these violations to the Election Commission of India through numerous letters, they did nothing. Therefore, my complaint seeks to highlight these discrepancies and ensure accountability.

Prema Sridevi: So, you've said that you have solid hardcore evidence. By evidence, are you referring to the videography?

Mehmood Pracha: Yes, we do have recordings. That is one aspect.

Prema Sridevi: In your writ petition, you've stated that the Election Commission of India is not complying with the protocols and guidelines in place. You've also mentioned that the videography is in the custody of the district election officers and that they haven't supplied the materials to you even when you've asked for them. Are you talking about a different set of video materials that you still haven't got, or were you finally able to get access to them?

Mehmood Pracha: Now, that's a very interesting point you raise. The Election Commission files an affidavit and states that we meticulously record every aspect of the election. By way of a petition in the Rampur election, the Election Commission of India provided me with a hard disk containing about two terabytes of recording. This includes the complete video recording and CCTV footage of the entire election in Rampur.

Prema Sridevi: But how can you get access to the recordings from all the other constituencies?

Mehmood Pracha: In Rampur, as a candidate, I received this material free of charge. However, as a citizen, I also have a right under the Conduct of Election Rules of the Representation of the People Act to obtain the video recordings and all the records for all the constituencies across the country. As a citizen, I have the right, but I must pay a fee. I have applied to all the 543 DEOs and returning officers across the country, asking them to take the fees and provide the recordings. These petitions are pending in various high courts, and they must keep the records safe.

Prema Sridevi: Have they provided you with the recordings?

Mehmood Pracha: Some DEOs have written letters stating that they will provide the recordings against the fee. However, others have cited a letter from the Election Commission of India, saying they can't provide the recordings. This implicates the highest level of officials in the Election Commission of India, who are writing letters to prevent the course of law.

"There Are Gaps in the Video Recordings of the Strongrooms Where EVMs Were Kept"

According to the Election Commission of India, the recordings I have received are the complete record. However, if the recordings are not complete, and there are gaps, it clearly establishes that there was some manipulation or mischief. For example, the basic concept of a strong room where EVMs are kept is that there is a CCTV camera to ensure that nobody steals or replaces the machines.

The footage I have been provided shows gaps of hours and sometimes weeks. This establishes that either the CCTV cameras were switched off or the footage was deliberately not provided to me. In some cases, the footage provided is only 15 minutes or 10 minutes long, indicating that the rest of the footage was erased or deleted due to mischief.

Prema Sridevi: This is actually very shocking to even hear. Because what you're saying is that you've got the footage, but then there are clear gaps and cuts in the footage. Now, let's understand one thing: we are living in a country like India where sometimes technology doesn't work. The Election Commission can say that there must have been a technical error, or, you know, in our country, you know how bureaucratic systems function—files don't move, things go wrong. I want to know what could these recordings possibly have? Do you mean to say that people would have actually got into these strongrooms and manipulated the entire recording? What could have happened during that period when it was cut? What are you suggesting? Because it's difficult to even imagine what might have happened because we are in a large democracy. There are so many constituencies. To plan such a manipulation is not easy. 

"Even the Manipulated Footage the ECI Gave Is So Glaringly Criminal"

Mehmood Pracha: But this is one half. The other half is what I have got. What is so seriously shocking is the fact that even this manipulated, truncated, and cropped video footage, is so glaringly criminal that it would be a shock to every intelligent citizen of the country.

"The Footage Will Shake the Conscience of Every Intelligent Citizen"

Now, you are the government of India, you have under your control a very well-oiled machine. There are examples; the world has seen it. We all have been on the receiving end. I have had raids on my office, you are very well aware of that. Various opposition party leaders have had their houses raided, and various political leaders, MPs, and MLAs have been raided and switched sides. This kind of meticulous planning, by the use of government machinery, is possible. It's not imaginary; we are seeing it happening. Plus, there are panna pramukhs of RSS for every page of the electoral roll across the country.

If you are a dictator and a despot who wants to rule the country against the will of the people, you will concentrate your entire energy, your entire money, your ill-gotten wealth, into winning elections by manipulating the machines. EVM machines can be manipulated at various stages. Physically changing and manipulating EVM machines is just one small example. There are various ways to hack EVMs, both wired and wireless. It's a long technical debate, but I have done research, and I can say that I am one of the few people in the country who know the inside out of both the technology and the physical aspects of holding elections.

The safeguard is supposed to be that every machine—control units, ballot units, and VVPAT printers—has a unique identification number embossed or engraved into the machine. However, what we found while contesting elections, and through the videography supplied by the Election Commission, is that these numbers were not engraved but were removable stickers. If the sticker can be removed and replaced, what is the sanctity of providing these numbers to the candidates? You can switch or change the machines by simply putting another sticker.

There are protocols for transporting and storing these machines. They should be transported in containerized trucks, accompanied by paramilitary forces, and each truck should have a GPS system. 

However, the videos supplied to us show that the trucks were not containerised and were covered with tarpaulin. Paramilitary forces were not always present. Every truck must have a GPS system. There are shocking things in the video that has been supplied to us by the Election Commission of India. 

"Footage Shows 10,000 People Sitting in the Park and Playing with EVMs"

The footage shows about 10,000 people sitting in a park, playing with the machines—polling parties operating the machines were having electronic gadgets, mobile phones. This is all a total taboo. They were seen opening and closing seals. This nullifies the security of the election process. These were videos, supplied by the Election Commission itself, which was supposed to be their best evidence.

Prema Sridevi: You have also a filed a complaint in the Parliament Street Police Station against the Election Commission of India and you have also mentioned the names of the Chief Election Commissioner, the Prime Minister, Amit Shah, JP Nadda and others. You have raised some serious allegations where you have said that a conspiracy was hatched to help candidates of the BJP, its allies and friends to win the recently concluded lok sabha elections. What was the response from the Parliament Street Police Station. 

Mehmood Pracha: Almost two months have passed, and despite receiving a complaint receipt, there has been no substantial response. The inquiry officer was on leave for over a month, and there was no response to my follow-up letters. This lack of seriousness is concerning, given the gravity of the allegations. If there is even an iota of truth in my complaint, it shakes the very basis of our elected government.

Prema Sridevi: What have you basically asked in your letter? What did you want the police to do?

Mehmood Pracha: I wanted the police to register an FIR and perform their duty by collecting the evidence I've pointed out from various places. This evidence includes the videography of the 543 constituencies, which I have ensured will be preserved by filing petitions. The police just need to collect and collate this evidence and translate it into the offences committed, which are visibly being committed. That's all they have to do, and there will be an impeccable case.

The police did not respond to me. But today, my lucky day, the enquiry officer contacted me in the afternoon and asked me to provide the evidence I have. This happened after I filed an application before the concerned magistrate, requesting them to ask the police to expedite the investigation and register an FIR. The police woke up after I filed this petition in court. I promptly wrote back to them, providing more evidence and indicating that I have more. I emphasised that they have the ultimate ability to collect evidence as they are the police. They can go to the Election Commission's office and ask for all the videographies and records, and there will be an open-and-shut case.

Prema Sridevi: In your complaint, you have also mentioned the names of officials and engineers from Bharat Electronics Limited and the Electronics Corporation of India Limited (ECIL). Can you explain in what context their names come up?

Mehmood Pracha: Firstly, the method of appointment of election commissioners is so concerning. Two election commissioners were appointed just two days before the elections were announced on the 16th of March. Just a couple of days before that another election commissioner had resigned. Mr. Narendra Modi and Mr. Amit Shah flouted the Supreme Court's directive to include the Chief Justice of India in the selection panel for election commissioners. By passing an ordinance, they ensured that the majority of the selection committee members were their appointees, which goes against the Supreme Court judgement. This move inspired a lack of confidence among those observing the procedure.

Secondly, the way the election commissioners have behaved. They have placed an iron curtain between themselves and civil society, political parties, and candidates. They spent crores of rupees inviting observers from 26 countries to witness Indian elections for five to six days, while the election process continued for over 80 days. They ignored their own citizens who raised questions and provided data, and they lied to the Supreme Court about the availability of 17C forms in the strong room, which was an absolute lie. They are only giving percentages instead of exact numbers, which defeats the purpose of using machines that should provide data down to the last vote.

Coming to the companies, the directors of these government-owned companies, Bharat Electronics Limited and the Electronics Corporation of India Limited (ECIL), which manufacture EVMs, are appointed by the government, specifically by Mr. Amit Shah and Mr. Narendra Modi. These appointees were members of the BJP. Reports and my complaint indicate that these appointments were made to ensure control over the manufacturing and functioning of EVMs. This connection raises serious concerns about the integrity of the election process.

To play this game, you need machines that are capable of manipulation. These machines are made in just two places: Bharat Electronics Limited (BEL) and the Electronics Corporation of India Limited (ECIL). They are riding such a high crest of power that they openly believe in doing anything. In my police complaint, I have mentioned the names of the board of directors, who are government-nominated into these companies. These government nominees are people who had direct connections or were members of the Bharatiya Janata Party (BJP).

"The EVM Patent Document States That the Machines Are Not Safe"

The patent document itself states that these machines are not safe. The chips and hardware of these machines are not made in India. We do not manufacture the chips and we have outsourced it to some company which the Election Commission of India does not want to reveal to the people of the country. Now they are saying that the injection of the software into the chips is being done by these two Indian companies but they will not tell you which program is being injected. They will hide but you have to trust them because they are a constitutional body. 

Prema Sridevi: Mr. Pracha many people will say that there is a lobby functioning in the country which is trying to spread misinformation against the government. There have been all sorts of allegations against people who ask questions to the government, including some have been labelled as those who have been taking money from foreign actors and trying to destabilise the country. What do you have to say to the people who may say such things to you about your various interventions in these cases. What prompted you to move court and also file a case with the police. 

Mehmood Pracha: I have not taken any money from anyone, much less from foreign sources. Despite all the challenges, I am still surviving and standing firm. I am giving Mr. Narendra Modi, Mr. Amit Shah, and others the opportunity to come out clean. These are videos provided by the Election Commission of India only. They have the best evidence to prove me wrong by showing that the videos are wrong. Why are they not doing it? The Election Commission should make all the videographies and CCTV footage public to prove that I am wrong. If they don’t, it shows that they are hiding something.

Prema Sridevi: Your case before the Delhi High Court is coming up for hearing on August 5th. All the best for that. Thank you for joining me, Mr. Pracha.

Mehmood Pracha: Thank you, Prema.

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