Dr. A.B.Pandey Chief Executive Officer (CEO), Unique Identification Authority of India -UIDAI 3rd Floor, Tower II, Jeevan Bharati Building, Connaught Circus, New Delhi – 110001 Advance copy by e-mail to: <[email protected]>; <[email protected]>; <[email protected]>;
Sir, Kindly treat this as Notice issued to you by a citizen of India. I am deeply perturbed that you have been continuing to service authentication and KYC requests for UID numbers and provide associated data for purposes beyond that approved by the Supreme Court of India. This is unbelievable disrespect of the rule of law and of the repeated orders of the Supreme Court of India, by a public servant.
Your acts of commission and omission in this respect are resulting in coercing children, the elderly and others alike, to be obliged to enrol for a UID number against their free will.Your actions also constitute an illegal functional creep that cannot be morally or legally justified.
Your actions create a fait accompli before the Hon’ble Supreme Court finally decides on the matter and, since they violate the constitutional promises of justice, liberty and equality, are unconstitutional and illegal. May I draw your attention to the Hon’ble Supreme Court’s order of 8 August 2015 restricting the use of Aadhaar to PDS Scheme, distribution of foodgrains, and cooking fuel such as kerosene and LPG? This was extended to allow its use for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions), Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Provident Fund Organisation (EPFO), in its orders of 16 October 2016.
The Hon’ble Supreme Court also stated that the information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card, shall not be used for any other purpose. The use of the UID number/Aadhaar or information associated with it for any purposes other than that allowed by the Court as well as it being mandated for any purposes not allowed by the Court, is a contempt of the rule of law and the orders of the Hon’ble Supreme Court of India.
In view of the foregoing, and particularly in view of your position as a senior public servant, and on pain of being proceeded against in a court of law, I hereby require that you: 1. Immediately cease providing any authentication and/or KYC or support and use of the UID number for purposes other than those permitted by the Supreme Court of India.
2. Cease to provide any UID authentication or KYC to any organisation mandating the use of UID number for the permitted purposes.
3. Issue notifications and wide publicity in the electronic and print media including radio and television networks, as required by the orders of the Hon’ble Supreme Court dated 16 August 2016, to make it clear that you will not
A. Provide authentication and KYC services beyond those permitted by the Supreme Court, or B. Cause or allow any agencies to cause anyone to require registering for an UID number, or C. Allow anyone to suffer for want of it and that UID number.
I shall expect that you will inform your compliance of the orders within 7 days of receipt of this letter, publish widely your decision to abide by the orders of the Supreme Court, and not constrain me to seek other remedies and relief for your failure to respect the rule of law.
Maj Gen S.G.Vombatkere
Maj Gen S.G.Vombatkere 475, 7th Main Road Vijayanagar 1st Stage Mysuru-570017