No need to link your Aadhaar with bank accounts, mobile numbers: Supreme Court

Agencies
September 26, 2018

New Delhi, Sept 26: The Supreme Court Wednesday declared the Centre's flagship Aadhaar scheme as constitutionally valid. The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best.

The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.

During the reading, Sikri said that CBSE, UGC, NEET can't insist for Aadhaar, and consent of guardians required in case of children. At 18, children should be given a choice to opt out. Not compulsory for school education. The bench also struck down the national security exception for disclosure of Aaadhar information as per Section 33(2).

Justice AK Sikri struck down a few provisions, including Section 57. Section 57 essentially allowed not only the State but also any "body corporate or person" or private entity to demand Aadhaar. 

It is this provision that allows statutory support to mobile companies, private service providers, banks, payments services to seek an individual's Aadhaar card for identification. It cannot ask for biometric as well. No mobile company can demand Aadhaar card, the Supreme Court said.

Essentially, citizens won't need to link their Aadhaar cards with banks or mobile numbers.

The deadline for Aadhaar linking to mobile numbers had been extended to December 31 from March 31, earlier. The Supreme Court had said in March that linking of the Aadhaar to PAN, bank accounts and mobile numbers is to be extended indefinitely till the judgment.

Justice DY Chandrachud J ruled that by declaring an ordinary Bill as money Bill, the Lok Sabha Speaker can belittle the role of Rajya Sabha, adding the decision is always open to judicial review.

Chandrachud said that the Aadhaar programme violated fundamental rights, serious instances of exclusion. Constitutional guarantees can be subject of vissicitude information and data, declaring the Aadhaar Act unconstitutional.

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News Network
April 29,2020

Newsroom, Apr 29: Abdul Rahman Al Sudais, the imam of the Grand Mosque in Makkah has hinted that Muslims will be allowed to perform prayers again at the holiest mosque after a few days. 

Al Sudais, who is also the president of the General Presidency for the Affairs of the Two Holy Mosques, predicted this while answering a question from a reporter about the possibility of having worshippers gather again at the mosque.

He said that soon people will be allowed to return to the mosque for prayers and for circumambulation around the holy Kaaba.

The authorities care about people more than anything else, he said. "All Muslims should pray to Allah to help us through this pandemic. People must be careful and take necessary precautions to protect themselves and others," he added.

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News Network
July 3,2020

Bengaluru, Jul 3: Over 35 acres of land in nine villages on the outskirts of Bengaluru have been earmarked for burial and cremation of bodies of COVID-19 victims after concerns were raised over the safety of funerals being held in burial grounds located in residential areas.

Deputy Commissioner of Bengaluru Urban District GN Shivamurthy issued an order setting apart about 35.5 acres in the villages under four Taluks of Bengaluru North, Bengaluru South, Anekal and Yelahanka.

The order directed the respective Tahsildars to register these chunks of land as reserved for burial grounds and not to use for any purpose.

According to the sources in the district administration, Karnataka Health Minister B Sriramulu and Revenue Minister R Ashoka had directed the officials to identify places on the city outskirts to dispose of the bodies of COVID-19 victims.

Mr Sriramulu had on Wednesday said COVID-19 victims will not be laid to rest in burial grounds in the city and separate places will be earmarked on the outskirts in the backdrop of safety concerns raised by public.

He had also warned against unscientific disposal of used Personal Protection Equipment kits worn by the families of the victim for the final rites, referring to reports about such instances.

In some places, people have also expressed concern over bodies of those who died of the coronavirus being buried in their neighbourhood.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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