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The Division Bench of Delhi High Court comprising of Chief Justice Rajendra Menon and Justice V Kameshwar Rao has taken Suo–moto cognizance on the continuous loopholes or problems arising in the Aadhar Verification System.
The matter came into light after a petition that was registered by the Delhi Police against one owner of a mobile shop, who fraudulently issued fresh sim cards in the name of the former users, who have already gone through the process of linking their sim cards with the Aadhaar, where these fresh cards were used for the purpose of committing frauds.
Suo-moto means “take notice of the fact on its own”.
In the present matter, the court has taken the suo-moto cognizance which means, that the further investigations or report that needs to be submitted, will be carried out by the authorities itself.
Aadhar is the unique identification card of any individual and sharing it everywhere for every basic need ultimately increases the situation when the identity of the genuine users could be at high risk. The matter of linking Aadhaar for providing a person with specific identity is in courts for a very long time, but again and again, there are situations which demand more powerful and effective solutions that could prevent these kinds of loopholes.
As in the present matter, the owner of the mobile shop fraudulently issued the fresh sim cards to the individuals which were used for the purpose of committing frauds. Also, these sim cards were issued on the identity of the customers who earlier came to the for the Aadhar verification and getting their sim cards linked to it.
This actually is a matter of deep concern that requires strong solutions. There are so many questions that arise after such continuous cases. It is not the first time when the frauds were committed in the name of the genuine user.
It clearly violates the right to privacy of an individual, that was recently brought into course in the landmark judgment of K.S. Puttaswamy vs. Union of India on 24th August’ 2017.
Keeping in mind the aspects of privacy and security of an individual’s identity, there is an immense need for the intervention of courts.
Once the judgement is announced after this case hearing there is a possibility, that the right to privacy of an individual will get even more secured and the violation or breach to it could lead to a punishment prescribed by the court, in case of infringement in the future. People will start getting more aware of Aadhaar in general and how the procedure actually needs to be followed.
This will in return create a trustworthy system for you and me. The whole system will make Aadhaar function better and create a faith in the Indian Judiciary. Thereby establishing better regulatory control.
Further, in the present matter the court has issued a notice to the Ministry of Home Affairs, Ministry of Electronics and Information Technology and Unique Identification Authority of India and has asked them to file counter affidavits on the same within a period of 4 weeks. It has directed the Registry to register a separate writ petition to be titled as Court on its own motion. Hence, the matter has now been fixed for 1st November 2018 for further hearings.
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