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Aadhaar linkages issue: Divan, Sibal point out the many dangers of identity theft, lack of choice

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The hearings on Aadhaar and its various linkages and privacy and security issued attached to them resumed before the Supreme Court constitution bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan on Tuesday (February 6).

Arguments started a little before lunch.

The following deliberations took place:

12:08 pm: Senior counsel Shyam Divan, who is handling a number of applications, continued his arguments. He showed the court a page in which a list of deaths was given. All these people died because they did not have Aadhaar. Thereafter, he read out problems faced by citizens who have not been able to link their Aadhaar to several services.

Justice Sikri intercepted, saying: “We will consider these examples after listening to the legal background of this.”

Divan replied: “I am just giving a summary of problems which arose because of Aadhaar.” He said there are two major reasons why he was reading these documents. They are:

  1. Deaths
  2. Dignity of citizens.

He said: “Kindly see the dignity of citizens. Article 21 is being infringed because of Aadhaar. The people who are disabled, who are old, who are not able to go for formalities… how can this happen to them? Their healthcare is also affected due to this.”

He said that these things also happened when fingerprints didn’t match.

Justice Chandrachud commented that can happen because of poor internet connection. Then he made an important observation. He said: “Aadhaar is the ground of financial misuse. That may or may not be permitted by the constitution.”

Senior counsel Kapil Sibal said: “A report was published in the Indian Express where it was mentioned that people are not able to do business because their Aadhaar numbers are not linked with their businesses.”

Divan said there are two affidavits which are in compilation. It indicates about the right to control which includes every citizen. He read an affidavit in which a person says why he does not want to register himself with the Aadhaar platform.

Divan said that these affidavits were adding a different dimension. Then he read an affidavit by a computer entrepreneur on the problems he faced because of Aadhaar.

He also mentioned that the problem is also faced during the filing of ITR. He said: “Why should I trust the platform which is totally unsafe?”

Justice Chandrachud asked whether the UIDAI is supplying the documents (which have been leaked) or are they stolen?

Divan replied because a third company is managing the documents and database, it is becoming unsafe. “I am not blaming the UIDAI, but information from the database has been leaked several times.”

12:59pm: Divan said: “While creating the database, the data was also being saved at some other places. They are:

  1. In the RAM till the other fingerprints are not taken
  2. In the cache
  3. In the memory if the computer is turned off.

“These are places where such data is easily compromisable. These are the security reasons why people are not ready to register themselves with Aadhaar. They don’t want their personal identities compromised.”

Divan submitted a two-day-old a news report. He said: “I don’t have an affidavit regarding this, but my lords can take it as an example of the affidavit which I read regarding the entrepreneurs.

“Consider this as a hypothetical condition. Now I am showing a completely different dimension. The document on page 64 is a report of a newspaper which happened in Uttar Pradesh when hackers including 10 accused were arrested. They had chemically made artificial fingerprints of persons. They used this for making forged Aadhaar cards. They made it in Kanpur, Devariya and Kushinagar.

“The cyber team of STF arrested this team. They told the team that they were doing this to make forged documents. They also told the team that they made a bypass for not giving iris to the UIDAI database.”

Divan submitted that it was very easy to make a clone of fingerprints and this happened because of lack of security. “And now why should I register myself in these type of databases which are not secure?”

He submitted that as of November 15, a total of 6 crore 23 lakh fingerprints have been rejected because of biometrics duplication. He said this was happening because of database expansion. “As the database expands, the rejection rate is also increasing. And now people who genuinely require this, are not able to register themselves for Aadhaar.”

Then he gave an example of a school where the attendance system was attached with the online portal of the Aadhaar system. There are total of 230 girls in school but only 120 attendances were marked. This happened because some of girls were not registered on the database and some girls were rejected by the database. This system is accepted because of mid-day meal in schools.

He said: “Before summing up my submissions, I would just want to mention that I have submitted many law reports and articles which are mainly criticisms of Aadhaar. I don’t want to read all these, but you can consider those reports and articles.”

He then read from an article that had been published by a foreign university.

He said: “Are we living in a stage where we are being forced to give our personal identity? Sibal mentioned previously about a cab service running with the help of biometrics. This will be so unsafe. In a digital world, this will be very harmful for us and for national security.

“My second submission is about trust. The Aadhaar is being connected to all the services of the state. The trust which exists between the state and citizen will break down if it happens.

“The third major key was on ultra vires and rule of law.

“The two major aspects that remained were of surveillance and security. Look the domination that a state is having on its citizens in a democratic society.”

That concluded Divan’s submissions. While leaving the court the CJI said that a total of 42 volumes of handwritten notes had been submitted by Divan.

2:32 pm: Following the break, Sibal started his submissions.

He state that this was a matter of far reaching consequences as the Aadhaar number will be used by generations. “It will have huge implications in politics,” he said. “We are living in a digital world.

It’s hard to figure out what’s real and what’s not. What’s going to happen tomorrow no one knows, neither the bench nor the experts, such is the power of technology. The most powerful tool is information. One who controls data will rule. Hence the state will exercise power like never before.”

He also pointed out that: “Every technology can be hacked. If power has such great significance, brick walls need to be created, otherwise data will be hacked.

“As of technology, there is no technology in the world which has not been misused. The same technology can be used to create and destroy. Personal information of an individual once hacked cannot be retrieved. And it is important because of its ramifications. If you are an Aadhaar holder there will be transfer of account details. Fingerprints twice taken can be easily misused. Also, the more you know about people the more you can customise your product for economic gains. We have become toys of fingerprints.

“The questions to be decided are what is the government trying to do and how the individual is being protected. I have no other entity but Aadhaar? What about article 21 which entitles an individual to choice? Choice is the soul of our constitutional rights, but here the state tells us that we have no choice. You can enjoy services only through Aadhaar.

“The heart of article 21 is to have choice. Under article 21 the procedure must be reasonable and the substance should be reasonable. With Aadhaar, the whole thing is procedurally unreasonable.”

He supported Divan’s submission and stated that the whole procedure is wrong as there are no checks in taking Aadhaar details. My identity has nothing to do with my status. My entitlement such as for a widow, SC/ST etc. That’s my status and it is not related to my identity. How can my status be denied on the ground that I don’t have an Aadhaar number?

“How can I be denied my entitlement which I confer as a right by virtue of my status, for the want of my identification? Identification and entitlement are two separate issues

“The DPSP provided under part 4 of the Constitution provides that the state has to take care of the security of state, and people. It is a big problem for poor and rural people where there are no digital facilities. Money is not the criteria.

“The digital world is easier to be manipulated as compared to physical world,’’ he said.

He submits six propositions:

  1. Digital world is far more susceptible than the physical world
  2. No legislation can allow personal data to be put at risk in the absence of a technologically safe environment
  3. Such a level of endurance is impossible to obtain in a digital space.
  4. Biometric code and demographic info of an individual, once parted with into the digital world is irretrievable.
  5. The digital world is a vehicle to benefit the information economy
  6. Once a part of digital world, the information becomes irretrievable, “once the Genie out of the bottle can’t be put back in”

He said now 1.3 billion is the market for big corporations “The more they infringe, the more they know about us and more profit for them.”

Then he referred to the Aadhaar Act, 2016. He said Sections 3 and 7 were being emphasised upon. About Aadhaar number, he says my entitlement is Aadhar number. As a condition you are required to undergo authentication. Section 57 is totally unconstitutional.

Justice Chandrachud said that this section is confined to subsidy etc i.e Nexus is in relation to consolidated funds. As far section 7 is concerned, test of constitutionality must be looked into.

He gives a hypothetical example that if the state has the power to mandate Aadhaar at all services then where is the use of consent and choice?  We are heading towards a system of no preference and no choices.

—India Legal Bureau

India News

Asish Banerjee found dead in Rampurhat, Mamata Banerjee aide’s death shocks TMC

Former West Bengal deputy speaker and five-time Rampurhat MLA Asish Banerjee was found dead at a Trinamool Congress office in Birbhum.

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Mamata Banerjee

Former West Bengal Assembly deputy speaker and Trinamool Congress leader Asish Banerjee was found dead at a party office next to his residence in Rampurhat, Birbhum district, on Sunday morning.

Police said his body was found hanging and was sent for postmortem. A large crowd gathered outside the Trinamool Congress office after news of his death spread.

Who was Asish Banerjee?

Asish Banerjee had served as the deputy speaker of the West Bengal Assembly when Trinamool Congress chief Mamata Banerjee was the state’s chief minister. He was also a five-time MLA from Rampurhat.

He had served as Bengal’s education and agriculture minister after Mamata Banerjee’s Trinamool Congress first came to power in the state.

Banerjee contested the West Bengal Assembly election earlier this year but lost the Rampurhat seat to BJP’s Dhruba Saha.

Asish Banerjee’s recent party role

Banerjee stepped down as chairman of the Trinamool Congress’s Birbhum district core committee in June. At the time, he said he would continue as a general member of the party.

He lived in the Hattalapara neighbourhood of Rampurhat, with the party office where his body was found located next to his house.

BJP gains in Birbhum

The BJP won six of the 11 Assembly constituencies in Birbhum in the latest state election. This marked a significant change from 2021, when the Trinamool Congress had won 10 seats in the district while the BJP had secured one.

Police have sent Asish Banerjee’s body for postmortem as the circumstances surrounding his death are being investigated.

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IPS Officer Nupur Prasad gets Medal for Meritorious Service after Sushant Singh Rajput probe

IPS officer Nupur Prasad, who led the CBI investigation into Sushant Singh Rajput’s death, has been selected for the Medal for Meritorious Service this year.

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IPS officer Nupur Prasad, who led the CBI investigation into actor Sushant Singh Rajput’s death, has been recognised with the Medal for Meritorious Service (MSM) this year.

A 2007-batch AGMUT cadre officer, Ms Prasad recently returned to the Delhi Police after completing her tenure with the CBI. She is currently serving as Joint Commissioner of Police in the Economic Offences Wing (EOW), where she oversees investigations involving financial and economic crimes.

The award is part of this year’s recognition for police personnel for distinguished and meritorious service. Such honours recognise contributions in areas including investigation, crime prevention, public service, law and order and administration.

Nupur Prasad’s role in Sushant Singh Rajput case

Ms Prasad came into national focus during the CBI investigation into the death of Sushant Singh Rajput, who was found dead at his Mumbai residence on June 14, 2020.

The case was transferred to the CBI in August 2020 following a complaint by the actor’s family and a legal dispute over jurisdiction.

During her tenure with the agency, Ms Prasad supervised key aspects of the investigation, including the examination of witness statements, forensic evidence and medical records.

In 2025, the CBI filed closure reports, saying its investigation found no evidence of foul play, abetment to suicide or criminal conspiracy in the actor’s death.

Career across Delhi Police, CBI

Ms Prasad has served in several positions during her career, including assignments in the Delhi Police, CBI, Arunachal Pradesh and West Bengal.

Before joining the CBI, she held senior positions in the Delhi Police and became the first Deputy Commissioner of Police (DCP) of Shahdara. During her tenure, she worked on establishing the district’s policing framework following its creation.

She also led operations targeting drug networks and illegal gambling activities while focusing on crime-prevention measures.

Later, as DCP of North Delhi, she oversaw security arrangements for major events, including Independence Day celebrations at the Red Fort and Delhi University elections.

Community-focused policing initiatives

Beyond investigations, Ms Prasad has been associated with community-focused programmes involving women’s self-defence, youth development, cyber safety and drug de-addiction.

During her CBI tenure, she was also associated with several prominent investigations. Media reports have linked her to cases concerning businessman Vijay Mallya and the AgustaWestland helicopter deal.

Current role in Delhi Police

After completing her assignment with the CBI, Ms Prasad returned to the Delhi Police and took charge as Joint Commissioner of Police in the Economic Offences Wing.

The latest recognition adds to her career spanning investigations, policing and public service across several challenging assignments.

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India News

Kharge, Rahul Gandhi skip Independence Day event for 2nd straight year

Congress chief Mallikarjun Kharge and Rahul Gandhi skipped the 80th Independence Day celebrations at the Red Fort for the second consecutive year.

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Rahul Kharge

Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi skipped the 80th Independence Day celebrations at Delhi’s Red Fort for the second consecutive year.

Prime Minister Narendra Modi led the Independence Day celebrations at the historic venue on Saturday.

The absence of the two senior Congress leaders comes amid strained relations between the ruling party and the Opposition, which further deteriorated during the Monsoon Session of Parliament that concluded on Thursday.

2024 seating controversy

Rahul Gandhi had attended the Independence Day celebrations in 2024 but his seating arrangement triggered a controversy. The Congress leader, who holds the status of a Cabinet minister as Leader of the Opposition in the Lok Sabha, was seated in the second-last row during the ceremony at the Red Fort.

The Opposition had criticised the seating arrangement, calling it an insult to the people. The Defence Ministry, which organised the event, said the arrangement had been modified to accommodate Olympians at the venue.

According to protocol, the Leader of the Opposition is seated in the front row during ceremonial events.

Opposition-ruling party tensions

Relations between the government and the Opposition remained tense during the Monsoon Session, which ended on Thursday.

The session saw repeated clashes between the two sides, with both the Opposition and the ruling party blaming each other for the low productivity of Parliament.

The session began on July 20, with students marching towards Parliament on the first day. Twelve bills were passed during the session, while detailed discussion took place on only one legislation, concerning paper leaks.

The Congress, along with the Trinamool Congress and Samajwadi Party, also boycotted the customary tea party hosted by Lok Sabha Speaker Om Birla after the House was adjourned sine die.

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