‘Deadline for linking Aadhaar to services, schemes may extend beyond March 31’

Agencies
March 7, 2018

The deadline for mandatory linking of Aadhaar to avail various services and welfare schemes run by the government may be further extended beyond 31 March, the Centre indicated in the Supreme Court on 6 March.

The Centre said that since some more time would be needed to conclude the prolonged hearing in the Aadhaar case, the government may extend the deadline from 31 March.

A five-judge Constitution bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan agreed with the contention of Attorney General KK Venugopal.

"We have extended the deadline in the past and we will extend the deadline again but we may do it by the end of month to enable the petitioners in the case conclude the arguments," Venugopal said.

The bench said, "It is a very valid point raised by the Attorney General and the court would not allow repetitive arguments made by the petitioners counsel in the matter."

On 15 December in 2017, the apex court had extended till 31 March the deadline for mandatory linking of Aadhaar with various services and welfare schemes.

Earlier senior advocate Shyam Divan, who had led the arguments challenging Aadhaar and its enabling Act, said that the deadline of 31 March be extended as it was highly unlikely that the hearing in the case challenging the constitutional validity of the Aadhaar Act will be concluded.

"The deadline for mandatory linking of Aadhaar with various services and welfare schemes is 31 March. This will have all India ramification as various institution would have to adjust themselves accordingly," Divan said.

Justice Chandrachud said even if the court reserved its verdict on 20 March, the banks and other institution would have only 10 days left, which might be difficult.

The bench then called the Attorney General for assistance in the issue.

At the fag end of today's hearing, Venugopal appeared before the bench and made the statement about the possibility of extension of the deadline.

Senior advocate Arvind Datar, who argued against the Aadhaar scheme, said it violated the fundamental rights of citizens.

The hearing would continue tomorrow.

Earlier on 22 February, former Karnataka High Court judge Justice KS Puttaswamy had told the apex court that several deaths had reportedly taken place due to starvation on account of glitches in the Aadhaar-based public distribution system and the court must consider granting them compensation.

He had urged the bench to consider granting compensation to those who had suffered on the ground of exclusion due to Aadhaar, particularly the kin of the starvation death victims.

Earlier, the top court had observed that the alleged defect of citizens biometric details under the Aadhaar scheme being collected without any law could be cured by subsequently bringing a statute.

It had said that the Centre came out with the law in 2016 to negate the objection that it was collecting data since 2009 without any authorisation, but the issue which needed consideration was what would happen if the data collected earlier, had been compromised.

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News Network
February 11,2020

Aligarh, Feb 11: Paediatrician Dr Kafeel Khan, who was arrested from Mumbai on January 29 after he delivered a speech at Aligarh Muslim University (AMU) against communalism and politics of hate, will be released from jail on Tuesday after he was granted bail by an Aligarh court.

Khan will be released from Mathura jail on Tuesday after legal formalities are completed.

Chief judicial magistrate Karuna Singh granted bail to Khan on Monday on a bail bond of Rs 60,000. Two surety bonds of Rs 60,000 each would also be furnished by the guarantors.

Dr Khan's lawyer, Mohammad Irfan Gazi, told reporters, "The court was told that Khan was falsely implicated by police under political pressure. After hearing the arguments, the court granted him bail."

The suspended doctor was arrested by special task force (STF) of the UP police from Mumbai on January 29, when he reached the city to attend a protest against the Citizenship (Amendment) Act.

He was arrested in connection with a case registered against him in Aligarh under section 153-A (promoting enmity between different groups on ground of religion) of the Indian Penal Code at Civil Lines police station on December 13

The case was filed after his speech at Aligarh Muslim University (AMU).

According to the FIR, while addressing students, without naming anyone, Dr Kafeel Khan said that 'Mota Bhai' is teaching everyone to become Hindu or Muslim but not a human being. "This is a fight for our existence. We have to fight."

The FIR also said that Dr Kafeel Khan made an attempt to vitiate the peaceful atmosphere and disturb the communal harmony with his speech.

Dr Khan was in the news in 2017 when he was named as one of the nine accused in a case involving deaths of several children due to alleged disruption in supply of oxygen at the BRD Medical College in Gorakhpur. Though he was granted clean chit in a departmental inquiry, his suspension has not yet been revoked.

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News Network
July 9,2020

New Delhi, Jul 9: India reported the highest single-day spike of 24,879 new positive cases and 487 deaths in the last 24 hours, taking the total number of COVID-19 cases in the country to 7,67,296, according to the Union Ministry of Health and Family Welfare.

Out of the total number of cases, 2,69,789 are active, 4,76,378 have been cured/discharged/migrated and 21,129 have died.

Maharashtra remains the worst-affected state due to COVID-19 with as many as 2,23,724 cases, including 91,084 active, 1,23,192 cured/discharged and 9,448 deaths.

It is followed by Tamil Nadu (1,22,350) and Delhi (1,04,864).

Meanwhile, a total of 1,07,40,832 samples have been tested for COVID-19 till July 8. Of these, 2,67,061 samples were tested yesterday, stated Indian Council of Medical Research (ICMR).

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

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The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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