Supreme Court updates: Aadhaar is giant electronic leash, will cause death of citizen's rights, says petitioner in court

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Supreme Court updates: Aadhaar is giant electronic leash, will cause death of citizen's rights, says petitioner in court
  • 16:07 (IST)

    Petitioners complete pre-act chronology: Day 1 of arguments over; hearing will resume tomorrow

  • 15:59 (IST)

    Meanwhile... Aadhaar tweets out 'myth busters' intermittently; claims banking, financial data not tracked via UIDAI

  • 15:49 (IST)

  • 15:47 (IST)

    United Kingdom revoked it biometric database, petitioner tells SC

  • 15:44 (IST)

    Architecture that allows surveillance not permissible: Divan

  • 15:31 (IST)

    Justices AK Sikri and DY Chandrachud seek to know how is the Aadhaar biometrics system different from the biometrics for US Visa?

  • 15:27 (IST)

    Ensuring Aadhaar data is not misused not enough to grant it legality, petitioners argue in case

    Justice Chandrachud asked that if the government ensures that Aadhaar data is used only for the purpose it is collected, will it address the concerns raised by the petitioners. To this the petitioner's lawyer replied that the design in itself is bad as it allows State domination. Shyam Divan further argued that the problem is not that whether the State is actually tracking its citizens or not but the fact that the Aadhaar makes it possible. 

  • 15:13 (IST)

    Aadhaar alters the relationship between the citizen and the State

    Senior Advocate Shyam Divan today submitted in court that Aadhaar seems too alter the relationship between the citizen and the State, while diminishing the status of the citizen. All rights, a citizen could earlier freely assert have now been made part of a “compulsory barter”, averring, “The barter compels the citizen to give up his biometrics ‘voluntarily’, unless the number is seeded in databases of the service provider, the citizen is denied access to these most essential facilities. "Inalienable and natural rights are dependent on a compulsory exaction.”

    As reported by Live and Law

  • 15:05 (IST)

    'People's Constitution is being sought to be converted into a State's Constitution'

  • 14:54 (IST)

    Aadhaar act cannot be used to deny basic amenities, rights or benefits, says petitioner's lawyer Shyam Divan 

  • 14:50 (IST)

    Collection of crucial biometric data for 7 years illegal, passing Aadhaar act doesn't cure illegality, petitioner tells court

  • 14:41 (IST)

    Aadhaar a giant electronic leash, says petitioner in court

  • 14:34 (IST)

    Hearing resumes, final arguments in Aadhaar case begins

    The final arguments in Aadhaar case begin before the Constitution Bench of Supreme Court. At the start of the arguments, Attorney General sought time bound arguments. A-G reminded the Bench that Ramjanmabhoomi land title dispute case is also scheduled to be taken up from 8 February. 

  • 14:11 (IST)

    Retired High Court judge and accused IM Quddusi moves CBI court against leak of phone records

  • 14:09 (IST)

    Since Supreme Court's 2013 verdict on homosexuality, at least 10 countries have legalised homosexuality

    A total of five countries — Uruguay, New Zealand, France, Brazil, and England and Wales — legalised gay sex in 2013. Here is the full report on how the world has changed its views on homosexuality since 2013.

  • 14:03 (IST)

    What two recent SC judgments tell us about court's altered view on sexuality and privacy in India

    Ajay Kumar writing for Firstpost details that two judgments, one regarding rights of transgender people and the other about the Right to Privacy show that the court's view has changed considerably on sexuality and privacy.

  • 13:29 (IST)

    Judges meeting for lunch

    India Today reported that the CJI is meeting the judges for lunch. Three of the dissenting judges are present at the meeting. Justice Chelameswar is absent. Justice Bobde and Justice Goel are not present as well.

  • 13:27 (IST)

    Petitioners' profiles

  • 12:54 (IST)

    Hearing to resume at 2.30 pm

  • 12:50 (IST)

    Shyam Divan explains the different aspects of the project

  • 12:34 (IST)

    Meanwhile companies are unable to stop themselves from sending informative messages

  • 12:30 (IST)

    Shyam Divan takes Court through work of the petitioners to counter the State's claims that there are only elitist concerns against Aadhaar

    The petitioners include ex-servicemen, social workers, Magsaysay award winners among others.

  • 12:19 (IST)

    Shyam Divan for the petitioners: Aadhaar a system of exclusion

  • 12:15 (IST)

    Shyam Divan for the petitioners: You cannot live as a citizen of India without an Aadhaar

  • 12:07 (IST)

    Shyam Divan is taking the court through the history of the case

  • 12:03 (IST)

    Link to Shyam Divan's opening statement

  • 11:59 (IST)

    The petitioners' alternative argument

  • 11:56 (IST)

    Petitioners: The State is empowered with a ‘switch’ by which it can cause the civil death of an individual

  • 11:56 (IST)

    Shyam Divan lays out the scope of the constitutional challenge

  • 11:51 (IST)

    Petitioners: The case at hand is unique. There are few judicial precedents to guide us

  • 11:48 (IST)

    Petitioners argue that if the Aadhaar programme is allowed to continue unimpeded, it will hollow out the Constitution

  • 11:45 (IST)

    Attorney-General KK Venugopal asks for time allotment for arguments

  • 11:38 (IST)

    The Aadhaar bench has assembled in Courtroom 1

  • 11:31 (IST)

    "Tuesday was a sunny day at the Supreme Court after days of clouds over its cohesiveness and probity"

    "A new day seems to be in order in the Supreme Court after clouds over its cohesiveness and probity. The CJI should now show the light and redeem the institution's glory by getting all his brother and sister judges along, to end this crisis and convert it into a chance to bring about all necessary institutional reforms," writes Utkarsh Anand on News18.

  • 11:03 (IST)

    Main arguments before the court

    Livelaw reported that the petitioners argue that details for Aadhaar are collected by private contractors and NGOs hired by UIDAI without any safeguard. This makes them prone to misuse. They claimed that empirical research shows that the biometric identification denoted for UID, namely the the iris scan and fingerprint identification, is faulty and is could be abused.

  • 10:58 (IST)

    Five-judge bench led by CJI Dipak Misra will start hearing the Aadhaar case at 11.30 am

  • 10:50 (IST)

    #AadharMythBuster being used on Twitter to promote Aadhaar

    Union ministers including Ravi Shankar Prasad and Rajyavardhan Rathore are using #AadharMythBuster to extol the virtues of Aadhaar.

    Some policy experts are not impressed with those efforts.

  • 10:44 (IST)

    Justice J Chelameswar is not in the Supreme Court today

  • 10:37 (IST)

    Why the Chief Justice's power must be kept in check

    The Chief Justice is largely sheltered from public view while exercising his administrative powers, according to Business Standard. The authors write, "This creates an administrative authority, free of many of the constraints imposed on other agencies. The administrative powers of the Chief Justice have grown with time. However, the Court has failed to devise a parallel mechanism to keep a check on these powers... A slew of corrective measures are now required."

  • 10:26 (IST)

    Court to take up 29 pleas against Aadhaar

    The court will take up 29 pleas against Aadhaar. The final hearing on the pleas challenging Aadhaar comes five years since the first was filed.

  • 10:15 (IST)

    Group of private companies bat for use of Aadhaar for eKYC and background verification process

    According to an Economic Times report, a petition has been filed by the Digital Lenders Association of India (DLAI) which comprises startups such as CapitalFloat, LendingKart, ZestMoney, IndiaLends as well as early-stage investment firms and companies which provide authentication services and background verifications. These companies are particularly appealing to ensure advantages such as eKYC offered by Aadhaar help a lot in real-time verification of customers.

    Legally speaking, the petition is being termed as an 'intervention application' which has yet to be accepted by the SC. There is no clarity on when it will be heard according to legal experts who have spoken to ET.

  • 10:12 (IST)

    Number of people issued Aadhaar numbers has increased manifold since SC started hearing Aadhaar petitions

    In the five years that the Supreme Court has been hearing the Aadhaar petitions, the number of people issued Aadhaar numbers have gone up from 20-25 crore in 2012 to 119 crore, reports NDTV.

  • 09:57 (IST)

    'Aadhaar: Enabling a form of supersurveillance', argues Suhrith Parthasarathy

    Suhrith Parthasarathy argues in The Hindu that the government will, no doubt, argue that Aadhaar can bring about many benefits. However any policy, howsoever poorly framed, will likely bring about certain gains. The question is ultimately one of proportionality and justice. Arguing that the government's aim is to create a seamless police state, which will chill our freedom and give the State rampant power he asks whether the Supreme Court will dare to stop this.

  • 09:47 (IST)

    Policy expert Alok Prasanna Kumar weighs in on the possible change of bench in the Loya case

  • 09:12 (IST)

    'Aadhaar is an evolving endeavour and UIDAI responsive to public concerns', argues Nandan Nilekani

    In an article in the Hindustan Times, Nandan Nilekani argues that the concern about the ‘linking’ of Aadhaar to various services are over-hyped and baseless.

    He goes on to insist that we should "applaud the UIDAI for being responsive to the concerns of the public. We need to recognise that providing a unique, secure identification, with instant authentication anywhere, to 1.3 billion Indians is an evolving endeavour."

  • 09:08 (IST)

    Major untoward incidents that have happened with Aadhaar

    Despite the number of reports over the last couple of years, UIDAI has constantly maintained that the server and the data itself, especially biometric data is safe.

    However there are numerous instances where incidents have come up where Aadhaar's secureness has been questioned. These include app-based flaws, disclosures on government websites, third party leaks, sale of data etc. Click here for report on all of these incidents.

  • 08:59 (IST)

    Bench hearing Loya case might be changed

  • 08:53 (IST)

    Developments in Bofors case could affect Loya case

    The Supreme Court made certain observations in the Bofors case regarding who can file a case in criminal matters, reported The Times of India. This could have an effect on the Loya case as all the PILs in the case have been filed by advocate associations or individuals who had no connection with the judge.

  • 08:17 (IST)

    RECAP: Judge Loya died due to 'heart attack', no cause for suspicion, says Nagpur Police

    The Nagpur Police on Tuesday said that there was no cause for suspicion regarding the death of judge Loya and that he had indeed died of a heart attack.

    "Nagpur Police undertook a thorough investigation in this case and his death was due to a heart attack", Shivaji Bodkhe, Joint Commissioner of Police, Nagpur told reporters. "The postmortem, as well as the forensic reports too, confirm the same. There was nothing unusual in the report," he said.

  • 08:16 (IST)

    Dipak Misra's olive branch to ‘rebel’ Supreme Court judges may not contain trust deficit in judiciary

    Sreemoy Talukdar argued in Firstpost that the nature of the gambit is such that the dissenting judges must take their dissent to its logical conclusion. Any attempts at papering over the crisis or shutting the eyelids closely and hoping the dust storm will subside won't work.

Latest updates

The Constitution bench of the Supreme Court has assembled to hear 29 pleas against Aadhaar among other important matters. The petitioners have started arguments.

The bench will hear some extremely important cases beginning Wednesday. The court will take up 29 pleas against Aadhaar. The final hearing on the pleas challenging Aadhaar comes five years since the first was filed.

Comprising CJI Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, the bench will take up eight crucial cases, including Aadhaar, the validity of Section 377 of IPC which criminalises homosexual acts, the validity of adultery law under the IPC, entry of women into Kerala's Sabarimala temple and other cases.

None of the four judges who spoke out against the CJI — Justice J Chelameswar, Justice Ranjan Gogoi, Justice MB Lokur and Justice Kurian Joseph — feature on the Constitution Bench.

According to an Economic Times report, a petition has been filed by the Digital Lenders Association of India (DLAI) which comprises startups such as CapitalFloat, LendingKart, ZestMoney, IndiaLends as well as early-stage investment firms and companies which provide authentication services and background verifications. These companies are particularly appealing to ensure advantages such as eKYC offered by Aadhaar help a lot in real-time verification of customers.

Loya's case: SC leaves it to Maha govt to hand over documents

The Supreme Court on Tuesday left it to the Maharashtra government to decide which documents, relating to the death of special CBI judge BH Loya, could be handed over to the petitioners who have sought an independent probe into it.

The state government, which filed documents in a sealed cover relating to Loya's death, had during the hearing opposed the petitioners' demand that the entire material should be handed over to them for perusal.

Representational image. AP

Representational image. AP

The apex court, in its order which was uploaded on its website late in the evening, said, "Let the documents be placed on record within seven days and if it is considered appropriate, copies be furnished to the petitioners. Put up before the appropriate bench".

After the order was uploaded, the standing counsel for Maharashtra said their team of lawyers, including senior advocate Harish Salve, would scan and verify all the documents in consultation with the concerned department and take a call on the issue of handing over the documents.

The case, whose assignment to the bench hearing the PILs was a bone of contention of the unprecedented press conference by the four senior-most judges of the apex court, came up for hearing before a bench comprising Justices Arun Mishra and MM Shantanagoudar.

CJI meets 4 rebel judges, they too meet on their own

The dissenting judges of the Supreme Court, who had hurled accusations against Chief Justice of India Dipak Misra on several issues, on Tuesday met among themselves, amid hectic parleys between other judges to resolve the crisis.

Their meeting came hours after the CJI reached out to them at the apex court lounge and held parleys with them over tea, before starting the day's proceedings in the apex court.

It is learnt that Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had a meeting but nothing concrete has emerged. The meeting in the evening took place at the residence of one of these judges.

However, the outcome of the deliberations is not known.

Sources said the judges are likely to meet the CJI tomorrow morning as usual and probably some more deliberations are on the cards as hectic parleys are on to restore normalcy in the top court's functioning.

"As of now, nothing concrete has emerged," sources close to the four judges said.

Updated Date: Jan 17, 2018 16:30 PM

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