New Delhi, Oct 7: Aadhar could not be used as proof of identification by the card holders for availing any public or private services except for enrolling in Public Distribution System (PDS), kerosene and Liquefied Gas Petroleum (LPG) distribution. The Supreme Court bench headed by Justice J Chelameswar upheld its August 11 order despite a joint objection raised by Centre, Telecom Regulatory Authority of India, Reserve Bank of India, Security Exchange Board of India and a number of state government. Aadhar will remain non-obligatory for availing extended benefits, and would remain invalid for seeking mobile SIM cards, opening bank accounts, etc.
Attorney General Mukul Rohatgi appearing on behalf of the central government urged the apex court to reconsider its earlier order which would adversely affect the government and citizens. However, the judiciary upheld its observation that the Aadhar violates right to privacy by collecting biometric data (fingerprints and iris).
However, the apex court bench will refer the case to a larger bench which will be constituted by Chief Justice of India H L Dattu to hear the matter. Whether right to privacy is violated by the enrolling the in the UIDAI scheme will be determined by the larger bench. So the application seeking relaxation of the earlier order too should be referred to it, the bench replied to the government.
The flagship scheme of UPA government – Aadhar was challenged by Centre for Public Interest Litigation arguing that the “Right to Privacy whether for an educated man or an illiterate is sacrosanct and can’t be compromised.”
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