Excelsior Correspondent
SRINAGAR, Apr 19: The State High Court has sought response from the Government on enrolment of Aadhaar system in State which according to a petition is 67 percent while as 33 percent people have been left out.
Petitioner advocate Syed Musaid through supplementary affidavit filed before the Court highlighted that the total percentage of individuals enrolled with Aadhaar system as till last year is only 67 percent as such 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 have no scope or facility of getting enrolled with Aadhaar system and in result they shall be deprived of all benefits available under it.
Confronted with this position, the State counsel submitted that he may be given week’s time to respond. Division Bench of Justice Mohammad Yaqoob Mir and Justice D S Thakur granted time as sought by the state counsel.
Meanwhile, DB directed that the observations as made by the Court (on 4.10.2016) shall remain in operation. Court on October 2016 had stayed the Government order with regard to installation of Aadhaar Enabled Biomentric System (AEBAS) in Government departments to ensure the
attendance of Government employees in their respective departments with the observation that the Supreme Court has already held Aadhaar is not mandatory.
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 Based Biometric Attendence through (AEBAS).
“This Court as well as Supreme Court has held that till pendency of orders to be passed by the Supreme Court the Aadhaar has been made compulsory, in light of the orders passed, there shall be an interim stay of ordering in so far insisting for Aadhaar Card is concered”, DB had said.
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.
“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”, read the petition
In the said order, all Administrative Secretaries have been instructed that salary of the employees from the month of September, 2016, who remain on unauthorized absence from duty shall not be released and action under rules be initiated against them.
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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