Lawyer files case in Supreme Court over linking Aadhaar with mobile number

Team SoOLEGAL 23 Oct 2017 1:16pm

Lawyer files case in Supreme Court over linking Aadhaar with mobile number

Advocate Raghav Tankha has filed a petition in Supreme Court seeking an order to the mobile service providers in India to stop advertising / promotion among the users of linking Aadhaar with their mobile number. 

Early this year, Supreme Court of India in “Lokniti Foundation v/s Union Of India” case said that a proper verification would be carried out as far as possible within a period of one year. After one month of this case, the Department of Telecommunication issued a circular stating that the Supreme Court of India had made Aadhaar based E-KYC mandatory for getting new connections and re-verification of existing customers. 

Petitioner said since then, from the month of July and well in to September he is getting various SMSes, emails, advertisement asking to link his Aadhaar details with his mobile number. He enquired with his friends and family they were also getting the same kind of messages. 

The Petitioner also contended that the Nine-Judge Bench in the privacy Judgment recognized the notion of informational privacy, which means the right to prevent disclosure of information about oneself, unless compelled by procedure established by law.

“Knowing that this judgment could lead to this practice of linking Aadhaar with other facilities being set aside by this Hon’ble court which is looking into this issue, Mobile Service Providers’ have been aggressively advertising it being mandatory to link Aadhaar with mobile number. This amounts to willful disregard of this Hon’ble Courts judgment cited above, and amounts to contempt of this Hon’ble Court”

The Supreme Court of India never instructed or directed the Union of India or any it Government Institution to make Aadhaar necessary for getting a new mobile connection. The counter affidavit of the Union of India before this Hon’ble Court would itself reveal that Aadhaar was never mandatory for obtaining a new mobile connection, but that most subscribers who have an Aadhaar card normally use it for the said purpose this is further supported by the DOT circular dated 16.08.2016. Therefore a subscriber is not bound in any way to submit Aadhaar as proof for verification of address and identity”.

In the petition, the petitioner has requested the Hon’ble Court to issue an order/direction under Artcile 32 of Indian Constitution, directing the respondents to declare Aadhaar details are not mandatory for the purpose of authentication while obtaining a mobile connection, or the re-verification of Subscribers, being completely illegal, arbitrary and mala fide. 

The petitioner also requested for the order or direction under Article 32 of the Indian Constitution, directing the Respondents Number 2 to 6,to take immediate steps in the present situation, for restraining and banning the transfer of data from UIDAI to Private Telecom Service Providers and Aadhaar being made the only option of authentication.

Tagged: Supreme Court   Aadhaar   Mobile Number  
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