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Justice Chelameswar: “Set up constitution bench at the earliest to hear Aadhaar matter”

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8 years ago

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Justice Chelameswar: "Set up constitution bench at the earliest to hear Aadhaar matter"

[vc_row][vc_column][vc_column_text]The Supreme Court bench of Justice J Chelameswar, and Justices A.M.Khanwilkar and Navin Sinha, on Friday asked the counsel for the petitioner and the Union of India in the Aadhaar case, to mention it before the Chief Justice seeking setting up of the Constitution Bench at the earliest, so as to decide the main matter referred to it in August 2015.

The Supreme Court was hearing applications for interim relief to stay notifications which make Unique Identification Number or Aadhaar mandatory for availing any benefits and entitlements. The applications are by the same petitioners whose challenge against the constitutionality of the Aadhaar Act is pending before a Constitution Bench of the Supreme Court.

The notifications make Aadhaar mandatory for a number of schemes, including for children to get hot cooked meals, several scholarships for disabled students and students in SC. ST, OBC categories, schemes for relief for women rescued from trafficking, bonded labourers, and relief for Bhopal gas leak victims. The notifications make possession of an Aadhaar number, or proof of enrolment in Aadhaar database, mandatory.

Petitioners have prayed that imposing enrolment in Aadhaar as a pre-condition for availing social benefits violates the fundamental rights of citizens. It is causing denial of benefits to persons who are otherwise legally entitled to the benefits, at enrolment stages, as well as when they face biometric rejection, data errors, network errors, and other problems.

The hearing began with the senior counsel for the petitioners Shyam Divan taking the Bench through the earlier orders of the Supreme Court including those of 11th August 2015 and the 15th Oct 2015 which clearly stated that Aadhaar shall be purely voluntary. Divan emphasised that the case deals with a vital constitutional question as allowing Aadhaar project to go ahead unchecked in the manner, seeking linking aadhaar to almost every transaction and aspect in life, is effectively reducing the citizen into a 12-digit number and transforming the country into a concentration camp for the citizens.

The Court was of the view that given that the entire matter was before a Constitution Bench (it is now 696 days since a Constitution Bench was asked to be formed to finally decide on Aadhaar matter), and that the litigation on Aadhaar has been lingering on for years, the correct course would be for both the parties i.e. the petitioners and the government to jointly mention before and impress upon the Chief Justice to constitute a Constitutional Bench to finally dispose of the entire batch of petitions. Attorney-General KK Venugopal who was present in Court agreed to join Divan for a mentioning before the CJI early next week for that purpose.

The Bench also indicated that in the eventuality of CJI not being able to form a Constitution bench, petitioners may come back to the court and argue for interim relief.

These applications were earlier heard on 9th May and then on 27th June by a vacation bench consisting of Justice Khanwilkar and Justice Navin Sinha. July 7 hearing was before a special three judge bench headed by Justice Chelameswar sitting with Justice Khanwilkar and Justice Sinha. Justice Chelameswar also headed the bench that passed the order dated 11th August 2015 that referred the batch of petitions challenging Aadhaar project to a Constitution Bench as it felt it required a definitive pronouncement on, among other issues, the issue of the existence and scope of a fundamental right to privacy under the Constitution of India.

The Friday’s hearing marks the first time that the government has agreed to mention before the CJI to constitute a larger bench to finally hear the constitutional challenge to the project and the Aadhaar Act. In October 2015, government had mentioned before the then CJI Dattu to get the Constitution Bench only to hear and decide their applications for modifying the 11th August order.[/vc_column_text][/vc_column][/vc_row]

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DU VC Prof Yogesh Singh entrusted with additional charge of AICTE Chairman

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7 hours ago

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December 22, 2025

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Prof. Yogesh Singh, Vice Chancellor of the University of Delhi, has been entrusted with the additional charge of the post of Chairman, AICTE till the appointment of a Chairman of AICTE or until further orders, whichever is earlier.

It is noteworthy that AICTE Chairman Prof. TG Sitharam was relieved of his duties after his term ended on December 20, 2025. According to a letter issued by the Ministry of Education, Government of India, on Monday, Prof. Yogesh Singh’s appointment is until the appointment of a regular AICTE Chairman or until further orders whichever is earlier.

Prof. Yogesh Singh is a renowned academician with excellent administrative capabilities, who has been the Vice-Chancellor of University of Delhi since October 2021. He has also served as the Chairperson of the National Council for Teacher Education. In August 2023, he was also given the additional charge of Director of the School of Planning and Architecture (SPA).

Prof. Yogesh Singh served as the Vice-Chancellor of Delhi Technological University from 2015 to 2021; Director of Netaji Subhas Institute of Technology, Delhi from 2014 to 2017, and before that, he was the Vice-Chancellor of Maharaja Sayajirao University, Baroda (Gujarat) from 2011 to 2014. He holds a Ph.D. in Computer Engineering from the National Institute of Technology, Kurukshetra. He has a distinguished track record in quality teaching, innovation, and research in the field of software engineering.

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Goa nightclub fire case: Court extends police custody of Luthra brothers by five days

A Goa court has extended the police custody of Saurabh and Gaurav Luthra, owners of the nightclub where a deadly fire killed 25 people, by five more days.

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8 hours ago

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December 22, 2025

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Luthra brothers

A court in Goa on Monday extended the police custody of Saurabh Luthra and Gaurav Luthra, the owners of the Birch by Romeo Lane nightclub, by five more days in connection with the deadly fire incident that claimed 25 lives on December 6.

The order was passed as investigators sought additional time to question the two accused in the case linked to the blaze at the Anjuna-based nightclub.

Owners were deported after fleeing abroad

According to details placed before the court, the Luthra brothers had left the country following the incident and travelled to Thailand. They were subsequently deported and brought back to India on December 17, after which they were taken into police custody.

Advocate Vishnu Joshi, representing the families of the victims, confirmed that the court granted a five-day extension of police custody for both Saurabh and Gaurav Luthra.

Another co-owner sent to judicial custody

The court also remanded Ajay Gupta, another owner of the nightclub, to judicial custody. Police did not seek an extension of his custody, following which the court passed the order, the victims’ counsel said.

The Anjuna police have registered a case against the Luthra brothers for culpable homicide not amounting to murder along with other relevant offences related to the fire incident.

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Delhi High Court issues notice to Sonia Gandhi, Rahul Gandhi in National Herald case

Delhi High Court has sought responses from Sonia Gandhi and Rahul Gandhi on the ED’s plea challenging a trial court order in the National Herald case.

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10 hours ago

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December 22, 2025

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The Delhi High Court has sought responses from Congress leaders Sonia Gandhi and Rahul Gandhi on a petition filed by the Enforcement Directorate (ED) in connection with the National Herald case. The petition challenges a trial court order that refused to take cognisance of the agency’s prosecution complaint.

Justice Ravinder Dudeja issued notices to the Gandhis and other accused on the main petition, as well as on the ED’s application seeking a stay on the trial court’s December 16 order. The high court has listed the matter for further hearing on March 12, 2026.

The trial court had ruled that taking cognisance of the ED’s complaint was “impermissible in law” because the investigation was not based on a registered First Information Report (FIR). It observed that the prosecution complaint under the Prevention of Money Laundering Act (PMLA) was not maintainable in the absence of an FIR for a scheduled offence.

According to the order, the ED’s probe originated from a private complaint rather than an FIR. The court further noted that since cognisance was declined on a legal question, it was not necessary to examine the merits of the allegations at that stage.

The trial court also referred to the complaint filed by BJP leader Subramanian Swamy and the summoning order issued in 2014, stating that despite these developments, the Central Bureau of Investigation (CBI) did not register an FIR in relation to the alleged scheduled offence.

The ED has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering. The agency has alleged that properties worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper, were acquired through Young Indian.

The agency further claimed that Sonia and Rahul Gandhi held a majority 76 per cent shareholding in Young Indian, which allegedly took over AJL’s assets in exchange for a Rs 90 crore loan.

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