Please form constitutional bench without further delay and review the validity of Aadhaar
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The delay in formation of a constitutional review bench to examine the validity of Aadhaar and the much larger 'privacy issues' attached to it, simply gives the State an ample amount time to armtwist its citizens to register for Aadhaar.
Example1: The Supreme court said in its judgment regarding Aadhaar linking with mobile phones - "to complete the reverification process of existing subscriber base". Even though the SC does not mention that re-verification has to be done through aadhaar only, TRAI is hell bent to do the re-verification based only on Aadhaar.
Example2: SC has said in its order regarding linking of PAN with Aadhaar that - those do not wish to have aadhaar card for 'various' reasons cannot be compelled for now. But IT department said in its announcement that, it has examined the judgement with its 'legal experts' (a intimidating posture of statement towards general public) that those who did not applied for aadhaar card for 'various' reasons means - those who did not have access to aadhaar card enrollment centers. And asked everybody to quote their Aadhaar number mandatorily while filing their IT returns after July1st 2017.
Analogy: The following analogy will explain, how hell bent is the state towards misconstruing the words of SC regarding Aadhaar related cases.
SC: This route shall not be used by commuters. Clearly mark a 'No entry' sign at the beginning of this route.
Attorney General & State's instruction to Public: The SC states that this route is dangerous that is why the 'No entry' board. But public is free to use this route as long as they wear helmet. So all members of public should buy helmet and should use this route by wearing their helmet.
NGOs: They file a contempt of court and ask court to intervene
SC in its clarification judgement: We never said that public should wear helmet and use this route. We simply asked the State to put a clear 'No entry' sign at the beginning of this route.
Attorney General & State's updated instruction to Public: SC clearly says that wearing helmet is not necessary to use this 'No entry' route. Henceforth we instruct all members of public to use this route without the helmet. The 'No entry' board is kept only for the time being and will be removed when we get an updated final judgement from SC.
In the above analogy you can clearly see that the State is hellbent to achieve what it wanted no matter whatever SC says.
For a normal citizen like me, SC is the final resort if my case is against the State. And if the SC delays the whole process willingly/unwillingly, then ordinary citizens did not even stand a chance against the all powerful state apparatus. And the SC is well aware that a 'Delayed justice is a denied justice'
There has been lot of 'hypothetical scenarios' put against the linking of Aadhaar against everything a citizen holds. Let me state one and will conclude this petition.
We citizens have always done demonstrations against the State whenever we felt it is not doing its job. We even resulted in formation of new laws by holding demonstrations. i.e.New stricter rape laws, are result of our demonstrations in Jantar Mantar against our idle law makers.
If our mobile phones and bank accounts are linked to Aadhaar. And in future if we decide to fight against a corrupt lawmaker or state by holding demonstrations. Then the state simply has to do two things to silence us. 1.Using the mobile phone towers, they can list out mobile numbers in the area of demonstration held. 2.Identify the aadhaar card linked to those mobile numbers and block all bank accounts linked to those aadhaar cards.
Once I come back home from a demonstration, when I visit an ATM to withdraw money it'll simply say that my Bank account has been blocked. I contact the bank and they say that I have to obtain a 'No objection' certificate from Jantar mantar police station to get my account active again. And you know how police forces always acted as state's wielding powers against demonstrators.
After this event, in future, our democratic nation's citizens by and large will slowly and slowly lose faith in demonstrations and will eventually stop questioning the government and the lawmakers, no matter whatever corruption/malpractices come to light. And as Aadhaar provides the enormous power to the state towards surveillance and control, this will only create power hungry lawmakers stay in power as long as they could wish. Resulting further in a slow death of democracy at all.
Because the fundamental structure that guarantees democracy is 'Checks and balances' of power between Judiciary, Legislative and Executive branches. And aadhaar gives asymmetrical power to the Legislatives and Executives, by completely destroying the 'Checks and Balances'. And nobody will have the guts to question the government for its mistakes, even by its own people, if everything they hold gets linked to Aadhaar.
It is hightime: Hence it is high-time the CJI form a constitutional bench to review Aadhaar, its linking to everything, and the 'larger issue' of privacy attached to it. Because with every minute of delay by CJI, the state is running amok to do whatever it wanted (mostly by arm-twisting) to link aadhaar with everything a citizen holds.
I pray the CJI to form a constitutional bench at the earliest with a sense of empathy towards the people and please evaluate the constitutional validity of aadhaar and the 'larger issue' of privacy attached to it.
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