Tuesday, 24 September 2013

Supreme Court Judgement on Aadhar Card

September 23, Supreme Court, New Delhi.


Supreme Court Order / Judgement on Aadhar (Adhaar) 

There was a lot of media buzz over an order of Hon'ble Supreme Court of India on "Aadhar - UID". Various section of media & political parties even raised feasibility of the whole "Aadhar" program with reference to the order.  But have they actually gone through the judgement?

Headnote from the order:


"no person should suffer for  not  getting the Adhaar card inspite of the fact that some authority had  issued a circular making it mandatory and when any person applies  to  get the Adhaar Card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to  any illegal immigrant."

Personal interpretation to the best of understanding:

1. Aadhar / Adhaar Card should be considered voluntary & not mandatory

2. None should suffer or be denied of a service for not getting Aadhar / Adhaar card.

3. Aadhar / Adhaar Card should be given only to those who are legally entitled & not to any illegal immigrant.

4. The order does not make any direct / indirect reference to DBT (Direct Benefit Transfer) Scheme.

PS: Above are personal interpretations. Please see the original text of judgement, reproduced below for reference & for your independent interpretation.

___________________________________________________________________


ITEM NO.5+56               Court No.5             SECTION PIL


            S U P R E M E   C O U R T   O F   I N D I A
                         RECORD OF PROCEEDINGS
                    WRIT PETITION (CIVIL) NO(s). 494 OF 2012


JUSTICE K.S.PUTTASWAMY(RETD)& ANR                 Petitioner(s)


                 VERSUS


UNION OF INDIA & ORS.                             Respondent(s)


(With appln(s) for stay)


WITH T.P.(C) NO. 47-48 of 2013
(With appln(s) for stay and office report)
(Appln. for deletion of the name of petitioner no. 1)


T.P.(C) NO. 476 of 2013
(With appln(s) for stay and office report)


W.P.(C) No. 829 of 2013
(With appln(s) for interim relief and office report)


Date: 23/09/2013  These Petitions were called on for hearing today.


CORAM :
        HON'BLE DR. JUSTICE B.S. CHAUHAN
        HON'BLE MR. JUSTICE S.A. BOBDE


For Petitioner(s)        Mr. Anil B. Divan, Sr. Adv.
                         Mr. Ankit Goel, Adv.
                         Mr. Ranvir Singh, Adv.
                         Mr. Sanjay Yadav, Adv.
                         Mr. Anish Kumar Gupta,Adv.
                         Ms. Deepshikha Bharati, Adv.
                         Mr. S.S. Shamshery, Adv.
                         Mr. Rajeev Kr. Singh, Adv.
                         Mr. Nachiketa Joshi, Adv.


                         Mr. P.R. Kovilan Poongkuntran, Adv.
                         Mrs. Geetha Kovilan, Adv.


                         Mr. Shyam Divan, Sr. Adv.
                         Mr. Pratap Venugopal, Adv.
                         Ms. Meenakshi Chauhan, Adv.
                         Mr. Varun Singh, Adv.
                         Mr. Gaurav Nair, Adv.
                 for     M/s. K.J. John & Co.


For Respondent(s)        Mr. Mohan Parasaran, SG
                         Mr. L. Nageshwar Rao, ASG
                         Mr. Farrukh Rasheed, Adv.
                         Mr. Alok Mishra, Adv.
                         Mr. D.S. Mahra ,Adv








                                 -2-


           UPON hearing counsel the Court made the following
                               O R D E R




                Issue notice in W.P.(C) No. 829/2013.


                Application for deletion of the name of petitioner no. 1 in T.P.(C) Nos. 47 of 2013 is allowed.


                T.P.(C)nos. 47-48 of 2013 and T.P.(C) No. 476 of  2013  are allowed in terms of the signed order.


                All the matters require to  be  heard  finally.   List  all matters for final hearing after the Constitution Bench is over.


                In the meanwhile, no person should suffer for  not  getting the Adhaar card inspite of the fact that some authority had issued a circular making it mandatory and when any person applies  to get the Adhaar Card voluntarily, it may be checked whether that  person is entitled for it under the law and it should not be given to any illegal immigrant.






        |   (DEEPAK MANSUKHANI)             |(M.S. NEGI)                  |
|  Court Master                     |      Court Master           |


                 (Signed order is placed on the file)





                         IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

              TRANSFER PETITION (CIVIL) NO(s). 47-48 OF 2013

THE GOVT. OF INDIA & ORS. ETC.            ....Petitioner(s)

                 VERSUS

S. RAJU & ANR. ETC.                               ....Respondent(s)

                                 WITH

              TRANSFER PETITION(CIVIL) NO(s). 476 OF 2013


                                 O R D E R


                 Heard learned counsel for the parties.


                 Having regard to the facts and circumstances of  the  case,we are satisfied that this is a fit case where the prayer for transfer is to be allowed.


                 On the facts of the case, we allow these Transfer Petitions and direct that W.P(C) No. 439 of 2012 titled S.  Raju  Vs.  Govt.  of India and Others  pending  before  the  D.B.  of  the  High  Court  of Judicature at Madras and PIL No. 10 of 2012 titled Vickram Crishna and Others  Vs.  UIDAI  and  Others  pending  before  the  High  Court  of Judicature at Bombay be transferred to this Court.   The  Registry  of the High Court of Madras and Registry of the High Court of Bombay  are requested  to  transmit   the   original   records   to   this   Court expeditiously.


                 These Transfer Petitions are accordingly allowed.

                                                      ....................J.
                                                
(Dr. B.S. CHAUHAN)




                                                      ....................J.
                                                                (S.A. BOBDE)
      NEW DELHI;
      SEPTEMBER 23, 2013.

3 comments:

  1. Sir, kindly tell me the citation of the case

    ReplyDelete
    Replies
    1. i.e. JUSTICE K.S.PUTTASWAMY(RETD)& ANR Petitioner(s)


      VERSUS


      UNION OF INDIA & ORS. Respondent(s)

      September, 2013

      Delete
    2. The above is not a final judgement but more of an interim so it might not be reported in Journals. The case number etc. is mentioned in the blog itself, pls try to download order from Supreme Court website i.e. supremecourtofindia.nic.in

      Delete