Pending cases before courts
Seshagiri Viswanatha Rao
(Querist) 23 February 2013
This query is : Resolved
Good Morning Experts
It has since been noticed that several cases in respect of aadhar card and its linkage to LPG are pending before Supreme Court and other respective courts and even without waiting for final out-come ofjudgements/verdicts and during pendency of cases before the courts,further action is being initiated by the competent authorities.
It is requested to clarify whether action can be initiated due to the fact that the courts have already seized off the matter and has now become subjudiced. Is it legally valid?
Kindly clarify and thanks
Raj Kumar Makkad
(Expert) 23 February 2013
There is no stay of any of the courts not to initiate further ADHAAR cards on the part of Govt. so the pocess is going on and it is valid till restricted under any law.
SUBRAMANIAN C R
(Expert) 10 March 2013
This is real invasion of privacy. See the Data Sharing policy and Open Government platform.
Under the relevant provisions of Aadhar and UID, the date can be shared under orders of competent court. But competent court is not defined. An officer of the rank of Joint Secretary can decide whether to divulge or not. Thus collecting biometric data and sharing without consent of party is illegal. Moreover most of the companies doing the work have overseas limbs and they will be forced to divulge data.
Government saying that Aadhar is not compulsory but making it applicable to various schemes is illegal. WP(C) 494 of 2012 is pending in Hon'ble Apex Court. Till its disposal, such proceedings by Governments are not in good spirit.
Why should an Indian Citizen give biometric data to Government when it can be shared by the Government without his consent..
When I sent an email to Open Government Platform seeking clarification regarding sharing of biometric data collected by state, I got an evasive reply.
Subramanian
