The AG then stated that he would not have a problem if the cases were heard in November. Mr. Divan explained more problems being faced due to Aadhaar including for School children who were mandated to be enrolled and give up their biometrics to the UIDAI in order to sit for exams.
The AG said he would take further instructions on the issue of people who do not have Aadhaar and will return to the Court on Monday.
The
Union Government through the AG handed over a document suggesting that the deadline for mandatory linking for those without Aadhaar be extended to the 31st March 2018. But in fact, there is no official order or notification changing the deadline for mandatory linking that has been issued for now. The petitioners maintained that all existing orders directing mandatory linking of Aadhaar are illegal.
We will learn more on Monday about what will the status of deadlines and what will be the status of hearings. No order was passed by the Courts today. The matter will be mentioned again by the AG on Monday at 10.30am and it is expected that the Union will again request for the deferral of the final hearing.
*Aadhaar Case Live Update Supreme Court*
*The Attorney General (Here in After We Read as AG)* says that there is a Committee looking into data protection, which is acknowledged in the privacy judgment.
The *AG* reads out the minutes of the Shrikrishna Data Protection Committee.
The *AG* says that the committee is looking into whether there may be changed made to the Aadhaar Act. He says they will extend deadline to 18 March.
He wants the hearing deferred.
*Mr Shyam Divan (For Petitioners)* objects.
*AG* says that there will be no new legislation and no change to the existing position, but the new deadline will be 31 March.
*Hon’ble Chief Justice of India (Herein After we read as CJI)* says the issue is whether it should be listed now or whether it can wait.
*Shyam Divan*
▶ It can’t wait.
▶ The manner in which Aadhaar is spreading is COMPLETELY UNCONSTITUTIONAL.
▶ People’s bank accounts are being wiped out.
▶ People even with Aadhaar don’t want to link it. To Banks and to mobile phones.
▶ The government is giving an extension only to those who do not have an Aadhaar
▶ The coercion is continuing for those who have an Aadhaar
▶ Let the final hearing commence in November. It is most necessary. Or the goverment make a statement that there will be no coercion, whether you have an Aadhaar or not
*Mr Datar (For Petitioners)* talks about coercion from Bank Officials
*Mr Anand Grover (For Petitioners)* talks about Exclusion
*CJI* Can we say that you will not take any coercive action until 31 March?
We gave a date in November because the final deadline was December. Now what’s the urgency?
*Shyam Divan* This case is crying out for a FINAL HEARING
▶ The CBSE is putting it as a mandate. Can a child take a risk unless there is a categorical statement?
▶ A schoolchild can’t go and and give an exam without his fingerprints are taken, like a prisoner. This is the state of civil rights. This case needs to be heard
*Justice Chandrachud* We should not rush the drafting of the data protection law.
*Shyam Divan* That is fine. We are only saying, hear the case.
▶ The interim order is being violated
*AG* says he will take further instructions on the issue of people who have an Aadhaar and return on Monday.
*AG* says he doesn’t have a problem if the case is heard in November.
*Mentioning over. To return on Monday*
October 28, 2017 at 5:19 pm
The government is trying to delay aadhar hearing deliberately because it wants to implement all the linking of schemes and pass laws making the linking mandatory