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SC refuses to stay EC ban on pre-poll surveys, exit polls

The Supreme Court on Friday declined to pass an interim order on petitions challenging the Election Commission guidelines making publication of pre-poll surveys and exit polls, and adjourned the hearing to the last week of March.

A three-member bench, comprising Chief Justice M M Punchhi, Justice B N Kirpal and Justice M Srinivasan, adjourned the hearing after listening to arguments from both sides.

Senior counsel Anil Diwan, appearing for Frontline magazine and its editor N Ram, told the court that the magazine had been carrying opinion and exit polls on a "very scientific basis", engaging prestigious agencies.

The ban on the publication of pre-poll surveys and exit polls comes into force from 1700 hours on February 15, and will be in operation till February 28.

Diwan submitted that the ban was violative of Article 19 (1) (A) of the Constitution which guaranteed freedom of expression and speech.

He said the ban would not fall within the restrictions imposed under Article 19 (2). He wanted the status quo to be maintained.

Justice Kirpal intervened to say that the opinion polls might or might not influence voters. The exit polls, however, might have an effect on the voter.

Diwan replied that the government and the authorities who wanted to put a ban could do it for any date they liked. "My clients are entitled to know the opinion of the other voters and the opinion of the leaders of public opinion which would be my input as a voter. As a media, my client wanted to carry such surveys."

Chief Justice Punchhi then observed, "You can conduct poll surveys earlier than the dates on which the ban takes force. But the question is whether this can be done nearer the poll dates."

Diwan said the question was "nearer the dates or before". But the question is also whether the ban can be imposed by any means other than under Article 19 (2) of the Constitution.

Diwan asked would there be any ban if some foreign satellite channels broadcasts people's surveys and exit polls and the newspapers in the country pick them up and publish.

The Chief Justice said the question can be settled for further elections. "Hopefully we may not have elections for the next five years."

Diwan contended that if the court was not inclined to pass any interim order, "We wanted to test the validity of the ban."

Chief Justice Punchhi: "If we granted a stay we will be allowing the petitions, and similarly if we deny the stay we will be dismissing them. We are doing neither, we are simply adjourning the matter to the last week of March. The press might take risks."

Justice Kirpal: "We are not saying anything."

UNI

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