Logo

Defender of your Digital Freedom

Home > Uncategorized > Hearing Update: Shantha Sinha & Anr. v. Union of India; June 27th, 2017
aadhar

Hearing Update: Shantha Sinha & Anr. v. Union of India; June 27th, 2017

Jun 28,2017 | 11:51 am

The Supreme Court on Tuesday, June 27, 2017, heard the petition against notifications making Aadhaar mandatory for social welfare schemes [Shantha Sinha & Anr. v. Union of India (W.P. (C) 342/2017)] for the grant of interim relief. You can read the summary from the previous hearing here.

The hearing started with the Additional Solicitor General seeking an adjournment of the matter for responding to the rejoinder filed by the petitioners. Referring to an Office Memorandum issued by the Ministry of Electronics and Information Technology on June 22, 2017, which extended the deadline to enroll for Aadhaar for availing various benefits till September 30, 2017, he argued that there was no burning urgency anymore to hear the matter.

The counsel for petitioners, Mr. Shyam Divan,did not oppose the request for adjournment, however, he contended that the said memorandum extended the deadlines only for those beneficiaries who did not have Aadhaar. Those having an Aadhaar number are still required to furnish it after June 30th in order to avail benefits of the schemes. Therefore, he requested that, an order be passed to the effect that no one would be deprived of the benefits of the schemes for non-production of Aadhaar number till the next date of hearing.

However, the court said that it cannot issue any interim order or mandamus on mere apprehensions. It asked the petitioners if they had any evidence to show that such exclusions had taken place since the issue of the notifications, where people were deprived of the benefits to which they were entitled. The court said that it would take such evidence as a test for urgency. To this, Mr. Divan replied that such exclusions would took place only after the deadline of June 30th, and that it is imperative for all the beneficiaries to be protected irrespective of whether they possess an Aadhaar number or not.

The court, in its order, noted that in view of paragraph 90 of the judgment in Aadhaar-PAN case, which categorically states that enrolment to the Aadhaar is not compulsory, no further observation is required.

The court directed the respondent to file its response to the rejoinder within a week and listed the matter on July 7th, 2017 for further hearing.

Concerns with undisclosed and selective consultation on the Draft Personal Data Protection Bill, 2018

On August 25, 2019 Ministry of Electronics and Information Technology held undisclosed and selective consultation on the Draft Personal Data ...

Delhi Tech Talks [June 23, 2017; New Delhi]

On June 23, 2017, the second edition of Delhi Tech Talks – a collaborative series of quarterly discussions on the ...

Hearing Update: Shantha Sinha & Anr. v. Union of India; May 19th, 2017

The petition against notifications making Aadhaar mandatory for social welfare schemes- Shantha Sinha & Anr. v. Union of India [W.P. ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 6

Arguments in the Supreme Court litigations around linking Aadhaar with PAN, challenging the constitutionality of Section 139AA of the Income ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 5

The ongoing challenge in the Supreme Court regarding the linking of Aadhaar for filing of income tax returns, and making ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 4

The State’s reply in the Aadhaar-PAN linking case was heard today (our coverage of arguments from previous hearings can be ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 3

The hearing for the Aadhaar-PAN case spilled over to day 3 with Senior Counsel, Shyam Divan making his concluding remarks. ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 1

The cases for linking Aadhaar to PAN and making it mandatory for Income Tax returns were heard before a bench ...

22 social media websites blocked in Kashmir valley for up to one month

On Wednesday, April 26, 2017, the Jammu and Kashmir Government directed Internet Service Providers to block access to 22 social media sites ...

Supreme Court hears the Aadhaar-PAN case; updates from Day 2

The Supreme Court today continued the hearing on cases filed against linking Aadhar to PAN and making it mandatory for ...