Aadhaar deadline extended till December 31: Centre tells SC

Agencies
August 30, 2017

New Delhi, Aug 30: The Supreme Court on Wednesday said it will resume hearing the Aadhaar case in the first week of November, after Attorney General K K Venugopal informed the apex court that the Centre will extend the deadline to furnish Aadhaar details to avail benefits of various social welfare schemes till December 31.

A bench headed by Chief Justice Dipak Misra said there was no urgency to hear the matter after the AG told the bench that the Centre will extend the September 30th deadline.

Senior advocate Shyam Divan, representing various petitioners, mentioned the matter before the bench, also comprising Justices Amitava Roy and A M Khanwilkar, and sought early hearing on the batch of petitions which have also challenged the Centre’s move to make Aadhaar mandatory for availing benefits of of various social welfare schemes.

When Divan referred to the deadline of September 30, Venugopal said, “We (Centre) will extend it to December 31”. “The urgency is not there. It will be listed in the first week of November,” the bench said.

The court has been hearing a clutch of petitions challenging the validity of the 12-digit biometric identification system since 2015. On August 24, a nine-judge constitution bench ruled that privacy is a fundamental right, subject to reasonable restrictions.

“The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution,” the bench observed.

The five-judge constitution bench hearing the Aadhaar-related matters had referred the privacy matter to a larger bench. The nine-judge bench ruling is likely to have an impact on the Aadhaar case as it runs against the government’s stand that privacy is a fundamental right, but a wholly qualified one.

The government has, however, welcomed the court verdict and claimed it had always supported the view that privacy is a fundamental right.

Former Attorney General Mukul Rohatgi, however, expressed surprise over the government’s reaction. He told The Indian Express that “the government should not have diluted their stand in court”.

He added that had he still been in office as Attorney General, he would have admitted that the government had lost the case.

Comments

George
 - 
Wednesday, 30 Aug 2017

SC didnt make aadhar mandatory?

Hari
 - 
Wednesday, 30 Aug 2017

Aadhar is not at all safe. First and foremost it given to private firm. How can we trust a private firm

Kumar
 - 
Wednesday, 30 Aug 2017

Still thousands of people are there without aadhar and they are protesting against it.

Ganesh
 - 
Wednesday, 30 Aug 2017

Actually aadhar is not necessary. But they need to loot in that. govt gave contract to private MNC. Thats why govt threatening by linking and givng deadline and then by changing the deadline

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News Network
January 4,2020

Madikeri, Jan 4: Two girls were seriously injured after a wild elephant attacked them on their way back to home near Injilagere here, Forest officials said on Saturday.

The officials said that Nityashree of class four, along with her younger sister Yuvashree of class two, were on their way back home from Government Primary School. The students are the daughters of Mani, resident of School estate line house in Puliyeri village.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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coastaldigest.com news network
May 10,2020

Mangaluru, May 10: A delegation of Muslm community leaders called on Dakshina Kannada deputy commissioner Sindhu B Roopesh and discussed her about quarantine facilities for Indians returning from Gulf amidst covid-19 lockdown.

First evacuation flight from Dubai to Mangaluru will operate on May 12. Demand is mounting on the Centre to operate more flights from Gulf countries including UAE and Saudi Arabia.

International passengers will not be direct sent home after they land at any Indian airport. They will be divided into two categories. After screening at the airports, symptomatic will be sent directly to the covid-19 hospitals and asymptomatic and healthy will be sent for mandatory quarantine in designated hotel rooms and guest houses.

District administration has clarified that those who are under quarantine in hotels and guest houses will not be allowed to have outside food. Nor they will be allowed to contact anyone.

The delegation brought to the notice of DC that there will be many fasting Muslims among Gulf returnees and they need Suhoor and Iftar facility during Ramadan. The DC positively responded and assured that such facility will be arranged in the hotel rooms.

The delegation also asked about the claim of the officials of ministry of external affairs that delay in arranging quarantine facility in Karnataka delayed the evacuation flights from Gulf countries to the state. The DC said that the district administration has already made necessary arrangements for those who are coming to Dakshina Kannada.

Led by Mangaluru MLA U T Khader, the delegation comprised of JD(S) MLC B M Farookh, S M Rasheed Haji, Shafi Saadi, Mumtaz Ali, Kanchur Monu, B A Mohiuddin Bava, Ibrahim Kodichal, Rasheed Haji of Ullal Dargah and others.

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