Aadhaar and mobile linking: SC order in Lokniti Foundation misinterpreted deliberately by Centre, says fresh PIL

A new petition has been filed in the Supreme Court challenging the mandate by the Central government that verification of new and existing mobile phone connections should be conducted using Aadhaar. .In the petition filed by Raghav Tankha through advocate Pragya Baghel, cellular operators, Vodafone, Bharti Airtel, Idea and Reliance have been arraigned as respondents besides the Central government and UIDAI..Tankha’s challenge is based on two circulars issued by Department of Telecom wherein it has been stated that the Supreme Court has directed that verification/re-verification of all existing mobile subscribers have to be mandatorily conducted by using the Aadhaar based E-KYC process..As per the petition,.“The DOT Circulars dated 16.08.2016 and 23.03.2017 in effect makes it mandatory for anyone using a mobile phone in India, to link their Aadhaar Card with their mobile number by a 06.02.2018 in order to continue enjoying the service. This in effect is forcing the Citizens to part with their information, whether or not they actually want to part with such information. This is not a case, which is fit for compelled disclosure. There is no overriding State interest which can be accomplished by such linking especially for postpaid subscribers, who have already provided proof of Identity and proof of Address, including physical verification.”.The petitioner has then contended that the centre has deliberately misinterpreted the order of the Supreme Court in the case of Lokniti Foundation..“Government of India is wilfully misinterpreting the order of this Hon’ble court and asserting that this Hon’ble court directed them to make Aadhaar Mandatory for obtaining a new mobile connection, and for re-verifying existing prepaid and postpaid subscribers. On a perusal of the said order, no such direction was issued, and the Government seems to have conveniently misinterpreted the said order. All that, this court directed was that in the interest of national security a proper verification of mobile subscribers’ should be carried out. It is pertinent to point out that the counter-affidavit of the Union of India filed before this Hon’ble court in the said Writ Petition would disclose, that Aadhaar was not mandatory to obtain a new connection, but that most people who had an Aadhaar card, normally used it because it was faster and more convenient. This could not mean that Aadhaar based E-KYC was the only means of getting a new connection, and re-verification of existing prepaid subscribers.”.Besides the above, the petitioner has also contended that the two circulars are violative of the Aadhaar Act..“A reading of Sections 7, 8, 28,29 and 57 of the Aadhaar Act would at the most make Aadhaar an optional mode of authentication. Thus it falls foul of the requirements for restrictions on the right to privacy being placed….…the object and purpose of the Aadhaar Act of 2016 is primarily to plug leaks, and ensure that the benefits of subsidies go to those who actually need them. Authentication of mobile services, and transferring sensitive information to the database of a private Telecom Service Provider, is a means, which is not in consonance to the object and purpose of the law.”.Further, Tankha has also submitted that the circulars violate the judgment of the Court in Right to Privacy case..Tankha has prayed that a direction be issued to the respondents.“to declare that Aadhaar is 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”..Read the petition below.. Click here to download the Bar & Bench Android App