5-judge bench to hear if Aadhaar flouts privacy

Chief Justice of India (CJI) JS Khehar agreed on Wednesday to set up a Constitution Bench comprising of five judges to decide if the Aadhaar scheme breached one’s right to privacy.

The bench will sit on two days - July 18 and 19 - to determine if a larger bench of nine judges needs to hear petitions challenging the National Democratic Alliance (NDA) government’s move to make Aadhaar mandatory for those who want to avail social welfare schemes.

The decision to constitute the bench came after Centre’s Attorney General KK Venugopal and petitioner’s lawyer senior advocate Shyam Divan mentioned the matter before the CJI.

The two made the request as was advised to them by a threejudge bench headed by Justice J Chelameswar.

As the matter remains pending in court, the NDA government has gradually made Aadhaar compulsory for various services such as banking and applying for PAN cards.

This has led to a spurt in filing of applications, prompting the counsel to seek early hearing of the main matter.

Venugopal told the CJI that it would be in public interest to hear and dispose the petitions early.

The government’s ambitious Aadhaar scheme is being challenged on the ground that the biometric details taken from individuals violated their right to privacy.

A vacation bench had on June 27 refused to pass an interim order against the Centre’s notification making Aadhaar mandatory for availing benefits of social welfare schemes after the government assured no one would be deprived of their due for want of this identification.

The government on Tuesday abruptly transferred the National Investigation Agency (NIA) additional director general (ADG) and Andhra Pradesh cadre Indian Police Service officer Varun Sindhu Kul Kaumudi to the Bureau of Police Research and Development (BPR&D).

The government also abolished the ADG’s post from the NIA and moved that position to a central paramilitary. The NIA will not have a number two officer now and the senior-most of the four inspector generals will act as the second-in-command.

The Union home ministry is the cadre controlling authority for the Indian Police Service (IPS) officers and deals with their transfers and postings.

The development comes at a time when the second yearly extension given to NIA chief Sharad Kumar is nearing its end in October.

Senior NIA officials were tight-lipped over the reason behind such a decision.

“Yes, Kaumudi has been transferred and the post of ADG has also been abolished in the agency. It is the government’s prerogative,” said an agency official.

Kaumudi said he was aware of the order but was yet to a get a copy of it.

“I learnt a lot at NIA and I enjoyed my stint there,” said Kaumudi, adding that it was the government’s prerogative to post him.

Kaumudi, a 1986 batch IPS officer, had joined the NIA as inspector general in March last year for a term of five years. Earlier this year, he was promoted to the next rank of ADG.