Excelsior Correspondent
SRINAGAR, May 8: The High Court today gave clearance about the installation of Aadhaar Enabled Biometric Attendance System (AEBAS) in Government offices for ensuring punctuality of Government employees.
The clarification on installation of (AEBAS) has been passed by the Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey after hearing petitioner advocate and Advocate General in PIL filed by advocate Syed Musaib Ahmad challenging the order of September 2016 passed by the General Administration Department for making the procurement of Aadhaar card mandatory for Government employees for the purpose of Aadhaar Enabled Biometric Attendance through (AEBAS) and the Adhaar Card as mandatory.
Today the Division Bench of Chief Justice and Justice Magrey clarified that stay shall remain in force for making the Aadhaar Cards mandatory only and no stay is with regard to the (AEBAS) for attendance of Government employees which, the court said, can be installed in Government offices.
Court on October 4 last year had stayed the Government order in its entirety with the observation that the Supreme Court has already held possession of Aadhaar is not mandatory but today the court clarified the same and held that the stay is only to the linkage of biometric system with Aadhaar Card as Supreme Court has held that possession of Aadhaar is not mandatory. Court during the arguments has been also apprised that whether Aadhaar is mandatory or not, the issue is still pending before the Supreme Court as the matter is yet to be finally decided.
Court has also sought response from the Government within two weeks to the supplementary affidavit of petitioner counsel wherein it is stated that enrolment of Aadhaar system in the State which according to the petitioner is 67 percent while as 33 percent people have been left out.
It is highlighted in the supplementary affidavit that the total percentage of individuals enrolled with Aadhaar system as on 15.3.2016 is only 67 percent and 33 percent population have been left out as such State of J&K is the lowest enrolled State. It is further highlighted in the affidavit that as per the reports Aadhaar enrollment centers in the State have already been closed, therefore, remaining 33 percent of the population has no scope or facility of getting enrolled with Aadhaar system and in result they shall be deprived of all benefits available.
The fresh order on September last year was passed by the Government for making the procurement of Aadhaar card mandatory for Government employees for the purpose of Aadhaar Enabled Biometric Attendance through (AEBAS).
In its order Supreme Court has made it clear that Aadhaar Card Scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other and the interim orders shall be strictly followed.
Petitioner has submitted that Aadhaar Scheme infringes the Right of Privacy and the same is subject matter of five Judge Constitutional Bench of the Supreme Court. Such impugned Government order undermines and prejudices the case in hand before the Supreme Court as well.
Because of such impugned order, mentioned in the petition ‘suffers from infirmity with respect to the Constitution of India’ as rest of the citizen of the country in all other parts are exempted from compulsory disclosure and in the State of Jammu & Kashmir people are forced to disclose private information under the cloak of Aadhaar Scheme.
It may be mentioned that High Court quashed the earlier Government order whereby the possession of Aadhaar Card was made mandatory for the various purposes including drawing of salary for Government employees. The court while quashing the said order held that the Government order No. 35-F of 2016 dated 10.2.2016 is in contrary of the orders of Supreme Court as such quashed the same and directed the Government to pass fresh order in tune with the direction of Supreme Court.
State Government had issued an order no. 35-F of 2016 dated 10.2.2016 wherein possession of Aadhaar Card was made mandatory for almost all sections of the people including employees, pensioners, Public Sector Unit Holders etc, while as Supreme Court in its interim order on October 2015, observed that Adhaar Card is ‘purely voluntary’ and not mandatory and it cannot be made mandatory till the matter is decided by the Supreme Court one way or the other.
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