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Share Tweet Plus One Pin It Email Print By: Mehal Jain April 5, 2018 9:19 pm Change Font Size In context of the proportionality of the mandatory Aadhaar linkage with mobile phones to curb terrorism, Justice Sikri remarked, “Does it pass the test of proportionality to treat every citizen as a terrorist?” Justice Chandrachud also inquired rhetorically, “Which terrorist applies for a SIM card?” Continuing his submissions on Day 25 of the Aadhaar final hearing, Attorney General KK Venugopal addressed the concerns expressed by Justice DY Chandrachud in the light of the power of the UIDAI under Section 54(2)(a) of the Aadhaar Act of 2016 to frame regulations on inter alia what may constitute ‘biometric information’ for the purpose of the open-ended definition in Section 2(g) of the Act. Justice Chandrachud had on Wednesday remarked, “It has been left to the unguided discretion of the Authority to demand, … [Read more...] about Aadhaar Hearing [Day 25]: What Is The Proportionality Of Suspecting Everyone To Be A Terrorist? SC Asks AG
Share Tweet Plus One Pin It Email Print By: Mehal Jain April 4, 2018 9:55 pm Change Font Size As Attorney General KK Venugopal resumed his submissions on Day 24 of the Aadhaar final hearing, he reiterated that the Aadhaar project is a policy decision adopted by the Executive at the topmost level and prayed that its constitutional validity may not be questioned. To buttress his argument, he relied on the judgment in Narmada Bachao Andolan v. UOI [(2000) 10 SCC 664] in so far as it was observed therein that “It is now well-settled that the courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision…The Court, no doubt, has a duty to see that in the undertaking of a decision, no law is violated and peoples fundamental rights are not transgressed upon except to the extent permissible under the Constitution. Even then any challenge to such a policy decision must be before the execution of the project is … [Read more...] about Aadhaar Final Hearing [Day 24]: In Respect Of Policies Initiated By Govt, Courts Shouldn’t Become Approval Authority, Says AG
Share Tweet Plus One Pin It Email Print By: Mehal Jain April 3, 2018 11:01 pm Change Font Size With the PowerPoint presentation by Dr. Ajay Bhushan Pandey, UIDAI CEO, on the technical and security aspects of the Aadhaar project having concluded last week, Attorney General (AG) KK Venugopal on Tuesday, Day 23 of the Aadhaar final hearing, discussed the responses to the questionnaire submitted by the petitioners in context of the presentation. Rate of authentication failure The AG advanced that the authority does not keep a record of state-level data as to the statistics of authentication failure as the location is not captured at the time of authentication. However, at the national level, he acceded that the rate of failure in respect of iris scan is 8.54%, and for fingerprints 6%. Biometric exceptions For leprosy patients, for whom fingerprint authentication may not be feasible, iris scan may be resorted to. Biometric deduplication rejections The AG … [Read more...] about Aadhaar Final Hearing [Day 23]: AG Discusses Responses To Questionnaire On Powerpoint Presentation
Share Tweet Plus One Pin It Email Print By: Mehal Jain April 3, 2018 5:40 pm Change Font Size The Supreme Court bench of Justice Adarsh Kumar Goel and Justice U. U. Lalit, on the order of Chief Justice Dipak Misra, afforded an urgent hearing on the Centre’s Review Petition in its recent judgment in Dr. Subhash Kashinath Mahajan v. State of Maharashtra at 2 PM on Tuesday. The bench, however, refused to grant an immediate stay on the operation of the judgment, clarifying that compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 may be paid to the victim immediately, even pending the Registration of the FIR. In the light of the aforesaid directions, Attorney General K. K. Venugopal on Tuesday advanced, “These directions will have consequences…in 2016, the Act of 1989 and the Rules framed thereunder were amended…Rule 12(4) (of the Rules of 1995) lays down that the District … [Read more...] about We Are Not Against The Act, Innocents Should Not Be Punished: SC, The Number Is Too Small: AG- No Stay For SC/ST Judgment