Skip to main content

Wings of government and banks compelling citizens to link aadhaar to bank accounts is gross violation of Supreme Court orders

Counterview Desk
Retired major general SG Vombatkere's letter to secretary, Union ministry of finance, Hasmukh Adhia, with copy to Dr Urjit R Patel, governor, Reserve Bank of India, and Chief Justice of the Supreme Court Dipak Misra, on linking aadhaar with Bank account, calling it contempt of Supreme Court orders:
Mandeep Kaur, Dy. Secretary of your Department notified GSR 538(E), citing powers conferred by sub-section (1) read with clause (h), clause (i), clause (j) and clause (k) of sub-section (2) of section 73 of the Prevention of Money-laundering Act, 2002 (15 of 2003), on 01.06.2017.
I draw your attention to the following:
1. A five member bench headed by the then Chief Justice of India in its Order dated 15.10.2015, had reiterated all its previous orders. In particular we draw your attention that the Court stated that:
(a) “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan DhanYojana (PMJDY) and Employees' Providend Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015”
(b) “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013”
(c) “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”
2. The three member bench of the court had noted earlier in its order of 11.08.2015 that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes.” It had therefore ordered that
(a) “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;”
(b) “The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.
3. In its first order of 23.09.2013, the Court had highlighted that “In the meanwhile, no person should suffer for not getting the Aadhaar card inspite of the fact that some authority had issued a circular making it mandatory”.
4. Under section 74 of the Prevention of Money-laundering Act, 2002 (15 of 2003) every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. The rules have not been laid before the Parliament as required by parliamentary procedure.
5. Furthermore while clause (h) of the Prevention of Money-laundering Act, 2002 (15 of 2003) was omitted by s.29 with effect from 15.2.2013 and clause (i), clause (j) and clause (k) of sub-section (2) of section 73 does not allow for freezing of any asset or making it inoperable.
6. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only prohibited but also a punishable offence under the TheAadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016.
7. It is evident that the GSR 538(E) to require linkage of Aadhaar is invalid and bad in law. More over it is in contempt of the Supreme Court and a disrespect for the Rule of Law. The tactic to coerce people under an invalid legislation that is in contempt of court is undemocratic and deplorable.
8. In light of these facts, and to ensure that you do not continue to commit contempt of the Hon’ble Supreme Court of India, disregard the Rule of Law and get embroiled in needless controversy, money-laundering, and criminality that results from the use and linkage of Aadhaar with the opening of bank accounts and undertaking financial transactions, we require that you kindly issue an immediate and urgent notification and advertise widely highlighting these facts and that banks can not and do not require or use Aadhaar numbers or Aadhaar information for any process including KYC and payment transactions.

Comments

TRENDING

Communal rhetoric? Hindutva preached by RSS-BJP is 'monolithic', not Hinduism

By Prem Verma*  I am a devout Hindu but not a believer of RSS Hindutva form of Hinduism which brings about hatred of other religions. My Hindu religion has not taught me to look down on other religions and neither has it instilled in me to go about converting others to my religion because my religion is superior.

Gross 'injustice' to children: Rs 5000 cr cut in education budget; 15 lakh schools shut down

Counterview Desk  More than 100 dignitaries, including educationists, academia, social activists, teachers’ union, civil society organisations (CSOs), various networks and people working on child rights, in a letter to Union Finance Minister Nirmala Sitharaman have sought reversal of reduction in allocation for education in the Union Budget 2021-22, even as demanding substantial increase in it.

India sees 62 journo deaths, 4th highest, amidst pandemic: Swiss media rights body

By Our Representative The Switzerland-based media rights body Press Emblem Campaign (PEC) has noted that India is the fourth most affected country as far as mediapersons’ death on account of Covid-19 is concerned. According to Blaise Lempen, secretary-general of PEC, the global tally of casualties among media persons in the Covid-19 pandemic has reached 1,036 journalists in 73 countries till date.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

RSS love for 'killer' Myanmar junta behind Indian military presence at Tatmadaw Day?

By Shamsul Islam*  If a shameful act means an action which is criminal and nauseating, it would be an understatement to describe the attitude of the present RSS-BJP rulers of India towards the demolition of democracy and large-scale killing of the people of Myanmar by the military ( tatmadaw ) junta which took power through a coup on February 1, 2021 after renegading the election results in which the party of Aung San Suu Kyi, National League for Democracy, was a clear winner.

Chhattisgarh’s Apra riverfront imitates Sabarmati: 'Devaluing' water, environment

Sabarmati riverfront By Mansee Bal Bhargava*  This year’s #WorldWaterDay (March 22) focus was on ‘Valuing Water’. My school friend, Pragati Tiwari from Bilaspur, Chhattisgarh, called that day knowing my interest in water matters. We were remembering our childhood days as how we used to play on the banks and the bed of the Arpa Nadi (River) during the summer holidays and as how the river would swell like Anaconda to flow happily during the monsoon.

Bihar massacre on Holi day: Brahminical, casteist mindset behind 'uneasy' silence

Bihar chief minister Nitish Kumar By Vidya Bhushan Rawat*  Several people were killed in Bihar amidst Holi festivities, but not much response has come in from the media. The silence of the government and the society as a whole is also appalling. We seek to romanticise these festivals, yet we forget that every year they take so many lives. This despite the fact that Holi appears to be the best time for 'avenging things'.

India's draft migrants policy: Whither concern on job restrictions imposed by states?

By Anil Kumar*  India’s Niti Aayog has prepared a Draft Migration Policy. The draft policy acknowledges migration as an integral part of development, and it calls for positive government interventions that facilitate internal migration. With a rights-based solution to migration, the draft states that the policy should “enhance the agency and capability of the community and thereby remove aspects that come in the way of an individual’s own natural ability to thrive”.

Recalling Jallianwala martyrs' communal amity as BJP 'warns' of Sitalkuchi everywhere

By Shamsul Islam*  The RSS-BJP rulers declare India to be a battle-ground between Hinduism and Islam. Muslims have been declared as ‘internal threat’ by RSS ideologue MS Golwalkar (“Bunch of Thought”, Chapter xvi). Behaviour of many of their leading cadres, including those who hold high constitutional posts, is such that they seem to be conspiring over-time to ignite a civil war between the two communities. They are under the impression that this would help divert attention from failures of the Hindutva rulers on developmental front.