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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 11,2020

New Delhi, Mar 11: In the wake of the ongoing political crisis in Madhya Pradesh, Puducherry Chief Minister V Narayanasamy on Wednesday said that Bharatiya Janata Party is using Jyotiraditya Scindia to usurp power in the state and that the former Congress leader has "fallen into the trap."

"#BJP is enacting the strategy the way they did in #Karnataka. It is murder of democracy #JyotiradityaScindia has fallen into the trap. He will realise the himalayan blunder very shortly. BJP after using #Scindia will through (throw) him out. I am confident Shri Kamalnath prove majority," he tweeted.

The Chief Minister's comments came at a time of political turmoil in Madhya Pradesh after Scindia and 22 MLAs resigned from the party on Tuesday.

Scindia is likely to join the BJP today.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 7,2020

Bengaluru, Apr 7: Leader of Opposition in Karnataka Siddaramaiah on Monday urged Chief Minister B S Yediyurappa to announce a special package to help farmers, agriculture labourers and also working class in various sectors who are affected by the lockdown.

Mr Siddaramaiah put forth his demands during a telephonic conversation and the Chief Minister positively responding to it informed that he will formulate a programme keeping in mind the suggestions made by the Opposition, a statement from the LoP's office said.

It said, the Chief Minister also spoke to Mr Siddaramaiah regarding the government's decision to stop supply of free food for poor and needy through Indira Canteens.

Mr Siddaramaiah on Saturday had written to Yediyurappa urging him to utilise Indira Canteens efficiently and provide food for poor and needy until the coronavirus crisis and lockdown is over.

The former Chief Minister's letter had come a day after the state government had decided not to provide free food at Indira Canteens as concerns were raised about the quality and misuse that was happening.

It had, however, decided to continue to provide subsidised food- breakfast at Rs 5 and lunch and dinner at Rs 10, as usual.

Mr Yediyurappa during the phone conversation on Monday appraised Siddaramaiah that the decision to supply food by fixing a price was taken to stop misuse that was happening.

Mr Siddaramaiah, however, insisted the government should provide food free of cost to the poor and needy, by taking care that misuse doesn't happen.

The senior Congress leader asked the Chief Minister to take action against errant officials who allowed misuse to happen, the statement said, adding that Yediyurappa has promised to look into it.

Initially, the government last month had decided that the state subsidised Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.