[On May 4 last, a two-judge bench of the Supreme Court reserved its judgement on the Aadhaar-PAN mandatory linkage case. Despite the fact that the Court was to go on vacation from May 10 onwards till July 2. And the last date for linking one's PAN with the Aadhaar number is June June 30. Yet, the Court did not deliver its judgement till May 9th. Thereby the case itself became largely infructuous by implications.
The Supreme Court, subsequently, "on May 9 refused to consider the plea for an interim order" against making Aadhaar mandatory for a number of purposes including social welfafare schemes. Then again, in an apparent U-turn, on May 12, it agreed to hear the (fresh) petition before it on May 17. Nothing, apparently, happened on May 17. Yesterday, on May 19, the Court has now "said that it will hear the plea challenging various notifications of the Centre to make Aadhaar card mandatory for availing benefits of government schemes, on June 27." That's the latest phase of the story. Quite interesting, had it not been so traumatic for so many.] I/III. http://www.thehindu.com/news/national/june-30-not-a-deadline-to-get-aadhaar-govt-tells-sc/article18510863.ece?homepage=true June 30 not a ‘deadline’ to get Aadhaar, govt. tells SC Krishnadas Rajagopal NEW DELHI, MAY 19, 2017 23:22 IST UPDATED: MAY 20, 2017 10:11 IST Court defers petition to June 27 for full hearing. The Supreme Court on Friday refrained to order an interim stay on a series of government notifications requiring citizens to have Aadhaar by June 30, 2017, to equally access benefits and entitlements, even as the Centre denied imposing any such “deadline” to force people to get Aadhaar. The government was responding to a petition challenging 17 notifications issued by various government departments over the past few months, making Aadhaar compulsory after June 30, 2017, to equally access benefits, entitlements, services and welfare schemes. The petition asked the court to stay these notifications as an immediate interim relief. A Bench of Justices A.M. Khanwilkar and Navin Sinha deferred to June 27 the hearing on the petition after learning that there were other pleas with identical prayers already pending in the court. The court said it would hear all the pleas in an omnibus hearing on June 27, just three days before the notifications are scheduled to be implemented from June 30. ‘Inbuilt extensions’ Attorney-General Mukul Rohatgi submitted that there were “inbuilt extensions” in these notifications to help citizens access services and schemes even if they are unable to possess an Aadhaar card by June 30. He said June 30 was not a hard-and-fast “deadline.” At one point, when Justice Khanwilkar asked whether the date could be extended beyond June 30, the AG declined, saying that this date was not a hard-and-fast “deadline” and there were alternatives provided. “If you don’t have Aadhaar, you just need to enrol and show your enrolment slip. Again, if beneficiaries are not able to enrol by June 30, they just need to register their request for enrolment... Just register your mobile number. Besides, States are obligated to set up enrolment centres,” Mr. Rohatgi submitted. But advocate Shyam Divan, appearing for Magsaysay award winner and former National Commission for Protection of Child Rights chairperson Shanta Sinha and feminist researcher Kalyani Sen Menon said the language of the notifications is quite clear. Citizens are forced to either posses an Aadhaar card or show proof — an enrolment slip — to access services and entitlements after June 30. ‘Stupendous anxiety’ “You are excluded unless you have Aadhaar or you have to at least apply for it and show proof. If this is not mandatory in nature, what is? This means that, no matter what, you have to start the process of enrolment for Aadhaar before June 30, 2017,” Mr. Divan submitted. Mr. Divan said the public at large are waiting for the court’s intervention with “stupendous anxiety.” Mr. Rohatgi accused the petitioners of engaging in multiple litigation against Aadhaar and engaging in abuse of the processes of the court. He argued that similar interim reliefs were sought and not granted by the Supreme Court in the past. The government's top law officer referred to the recent slew of petitions against the linking of Aadhaar with PAN and the filing of income tax returns. The Supreme Court had refused to stay the law. Mr. Rohatgi submitted that 115 crore people have enrolled for Aadhaar as of date and none of them have challenged the scheme in the SC. “The purpose of the scheme is to get rid of the ghosts in the PDS (Public Distribution System) and mid-day meal schemes,” he said. Finally, the AG said the Aadhaar matter should be decided by a Constitution Bench, and that can be done after the court opens post summer vacations on July 1. Noting that the compulsory enrolment of citizens fits the profile of a surveillance State, Mr. Divan said the petitioners should be allowed their day in court and this should happen before June 30, 2017. “As a citizen of India, I should not be made to grovel before the SC for a date for hearing my case,” an exasperated Mr. Divan said. The court took exception to this comment, with Justice Khanwilkar pointing out that the “Supreme Court is open to all”. II/III. http://www.deccanchronicle.com/nation/current-affairs/130517/supreme-court-hearing-in-aadhaar-case-on-may-17.html Supreme Court hearing in Aadhaar case on May 17 DECCAN CHRONICLE. | J VENKATESAN Published May 13, 2017, 1:14 am ISTUpdated May 13, 2017, 3:09 am IST A Bench of Justices had on May 9 refused to consider the plea for an interim order. New Delhi: The Supreme Court on Friday agreed for an urgent hearing on May 17 petitions against making of Aadhaar card compulsory for availing scholarships, giving examination, admission in colleges, domestic air travel, having mobile connection etc though the matter has been referred to the Constitution Bench. A Bench of Justices A.K. Sikri and Ashok Bhushan had on May 9 refused to consider the plea for an interim order and gave liberty to senior counsel Shyam Divan to mention before the CJI J.S. Khehar for urgent listing. The court had already reserved its verdict on a batch of petitions challenging the new law to link Aadhaar card with PAN card for the purposes of filling income tax returns from July this year. Mr Divan on Friday made a “mention” before the CJI and said constitution of a bench urgently is necessary as for many schemes June 30 is the last date for citizens to have Aadhaar card. III. http://www.deccanchronicle.com/nation/current-affairs/040517/supreme-court-reserves-its-order-on-aadhaar-pan-linkage.html Supreme Court reserves its order on Aadhaar-PAN linkage ANI Published May 4, 2017, 5:58 pm ISTUpdated May 4, 2017, 5:58 pm IST Attorney General Mukul Rohatgi informed the apex court that Aadhaar is unique and could not be duplicated. Lawyers appearing for various petitioners, however, argued that the system is not full proof and can be duplicated. (Representational Image) New Delhi: The Supreme Court on Thursday reserved its order on whether to make Aadhaar mandatory for getting a Permanent Account Number (PAN) and to file tax returns. An apex court bench compromising of Justice Arjan Kumar Sikri and Justice Ashok Bhushan asked all concerned parties to file their respective written submissions by Tuesday. Attorney General Mukul Rohatgi informed the apex court that Aadhaar is unique and could not be duplicated. Lawyers appearing for various petitioners, however, argued that the system is not full proof and can be duplicated. On Tuesday, Rohatgi defended the Centre's decision to make Aadhaar mandatory for PAN and also for filing of tax returns, citing that it was done to curb the use of fake PAN cards across the country. Rohatgi said the Centre was entitled to have identification and people couldn't claim immunity from it. "There are safeguards for privacy under the Aadhar Act. The authority shall ensure security, confidentiality of data," Rohatgi said. The Attorney General argued the matter on the point of Section 139AA, inserted in the Income Tax Act under the Finance Act, 2017. Earlier, the apex court had rapped the government for making Aadhaar compulsory for filing Income Tax returns. It referred to its order in 2015 when the apex court had made the Aadhaar optional. Referring to this, the court said, "How can you make Aadhaar card mandatory when we have passed an order to make it optional?" The Attorney General argued that mandatory Aadhaar was the only way to check black money. The court earlier on March 27 specified that the Aadhaar card should not be made mandatory for availing governmental schemes. In a violation of the apex court's order, the Centre introduced last-minute amendments to the Finance Bill 2017, making Aadhaar mandatory for filing taxes. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
