PIL in HC challenges provision of deactivating Aadhaar cards

CM Mamata Banerjee had written to PM Narendra Modi seeking to know the reasons behind the “sudden deactivation” of Aadhaar cards that caused panic among people in the state

MP, 8 Mar 2024, Kolkata: A PIL is learnt to have been filed at the Calcutta High Court by a forum against NRC challenging a provision of the Aadhaar Act which allows deactivation of Aadhaar cards. 

It was last month that Chief Minister Mamata Banerjee had written to Prime Minister Narendra Modi seeking to know the reasons behind the “sudden deactivation” of Aadhaar cards that caused panic among people in the state. 

“I wish to bring to your kind notice a sudden development of the serious nature of indiscriminate deactivation of Aadhaar cards of the people, especially those belonging to the Scheduled Castes, Scheduled Tribes and OBC communities in Bengal,” Banerjee had written to Modi. 

In the wake of such a scenario, a PIL has been filed in the High Court reportedly challenging the constitutional validity of Regulation 28A of the Aadhaar (Enrolment and Update) Regulations, 2016. 

The plea was heard by a Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya where the petitioners submitted that there were several affected residents whose Aadhaar cards had been deactivated without giving them any notice. 

The counsel appearing for the petitioners is learnt to have remarked that the provision in question did not exist when the law was introduced in 2016 but added later in 2023. It was claimed that the provision gives unbridled powers to the authority to decide who is an Indian citizen and who isn’t. 

Hence, the provision is unconstitutional, it was argued. The counsel is learnt to have further argued that although the main objective of the Aadhaar scheme was to facilitate smooth implementation of various welfare schemes for the citizens, it has now surpassed that requirement. 

The Division Bench is learnt to have asked the counsel to also serve a notice of the matter to the Attorney General of India to ensure he can permit the Additional Solicitor General (ASG) to appear in the matter and assist the court. The next hearing of the matter is scheduled on March 21. 

https://www.millenniumpost.in/bengal/mamata-likely-to-hold-meet-in-habra-next-week-555186?infinitescroll=1