The hearing for interim directions in the Aadhaar case is currently progressing in the Supreme Court..A Constitution Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan is hearing the matter..Senior Advocate Shyam Divan is making his submissions in the matter on behalf of the petitioners. Attorney General for India KK Venugopal is appearing for the Centre..Below is a summary of proceedings:.Shyam Divan cites 2015 orders of Supreme Court which had restrained making Aadhaar mandatory“Once directions are issued by this court, everyone has to obey it. At least protect the institution first before the citizens”, Shyam Divan.When HIV patients cannot get medical treatment because they do not have Aadhaar, then it is a very sad situation in this countryAttorney General KK Venugopal submits that interim orders were passed at a time when there was no law in force. Relies on Aadhaar Act to submit that current executive actions are validated by lawShyam Divan argues though the Act was enacted, Union of India will still have to approach the Court and seek variation in the interim order..The hearing will resume at 2:30 pm..Update [4:15 pm]: The Supreme Court will pronounce its order on interim relief at 10:30 am tomorrow..Apart from Shyam Divan, a number of Senior Advocates including Gopal Subramanium, Meenakshi Arora, KV Viswanathan, Arvind Datar, KTS Tulsi, Anand Grover argued against Aadhaar..Here is a summary of their arguments:.SC by its interim order has insulated citizens against compulsion to part with biometrics, Gopal SubramaniumAn interim order protecting citizens fundamental rights cannot be obliterated by legislationIt is another thing that validity of law will be examined by this court later. But the sanctity of judicial order must be maintainedIf it has got nothing to do with the Consolidated Fund of India like subsidies etc, then Aadhaar cannot be made mandatory, Arvind Datar.Article 144 enjoins all authorities to act in aid of the Supreme Court of India, not contrary to its orders.Banking system has worked well for the last 70 years without Aadhaar, Meenakshi AroraThere are serious Constitutional aspects involved, it is not just about mobile or banks. Citizens are being forced to barter their Constitutional rights, KV Viswanathan
The hearing for interim directions in the Aadhaar case is currently progressing in the Supreme Court..A Constitution Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan is hearing the matter..Senior Advocate Shyam Divan is making his submissions in the matter on behalf of the petitioners. Attorney General for India KK Venugopal is appearing for the Centre..Below is a summary of proceedings:.Shyam Divan cites 2015 orders of Supreme Court which had restrained making Aadhaar mandatory“Once directions are issued by this court, everyone has to obey it. At least protect the institution first before the citizens”, Shyam Divan.When HIV patients cannot get medical treatment because they do not have Aadhaar, then it is a very sad situation in this countryAttorney General KK Venugopal submits that interim orders were passed at a time when there was no law in force. Relies on Aadhaar Act to submit that current executive actions are validated by lawShyam Divan argues though the Act was enacted, Union of India will still have to approach the Court and seek variation in the interim order..The hearing will resume at 2:30 pm..Update [4:15 pm]: The Supreme Court will pronounce its order on interim relief at 10:30 am tomorrow..Apart from Shyam Divan, a number of Senior Advocates including Gopal Subramanium, Meenakshi Arora, KV Viswanathan, Arvind Datar, KTS Tulsi, Anand Grover argued against Aadhaar..Here is a summary of their arguments:.SC by its interim order has insulated citizens against compulsion to part with biometrics, Gopal SubramaniumAn interim order protecting citizens fundamental rights cannot be obliterated by legislationIt is another thing that validity of law will be examined by this court later. But the sanctity of judicial order must be maintainedIf it has got nothing to do with the Consolidated Fund of India like subsidies etc, then Aadhaar cannot be made mandatory, Arvind Datar.Article 144 enjoins all authorities to act in aid of the Supreme Court of India, not contrary to its orders.Banking system has worked well for the last 70 years without Aadhaar, Meenakshi AroraThere are serious Constitutional aspects involved, it is not just about mobile or banks. Citizens are being forced to barter their Constitutional rights, KV Viswanathan