Withdraw Instruction To Make Aadhaar Mandatory: SC To Centre

NEW DELHI: The Supreme Court directed the Centre to immediately withdraw the instruction, if any, issued by it for making Aadhaar card mandatory for citizens to avail government services.

"If there are any instructions that Aadhaar is mandatory, it should be withdrawn immediately" a bench of justices BS Chauhan and J Chelameswar said while staying the order of the Goa bench of the Bombay High Court directing sharing of data collected for issuing Aadhaar card to citizens with CBI for solving a rape case.

The bench said biometric or any other data should not be shared with any authorities unless the accused gives consent in writing.

The probe agency had sought the data base, including biometrics of persons from Goa, so that those could be compared with the ones obtained from the crime scene for the purpose of investigating rape of a minor girl in a school premises in Vasco.

The apex court had in its September 2013 interim order said Aadhaar card be not made mandatory for people for availing government services and nobody should be deprived of such facilities for want of the card.

The bench passed the order on a petition filed by the Unique Identification Authority of India challenging the High Court order which asked it to consider sharing biometric data collected from people with CBI in order to help the investigating agency solve a rape case in Vasco.

The High Court had in February 26 interim order directed the Director-General, Central Forensic and Scientific Laboratory, New Delhi, to appoint an expert to ascertain if its data base has the technological capability for matching the chance fingerprints electronically obtained.

UIDAI had contended the order would set a bad precedent, besides opening floodgates of similar requests by various investigative agencies/ police calling for information, including biometrics of residents, for the purpose of investigation.

It said biometric data cannot be shared without the consent of the resident and as per its current data-sharing policy and guidelines.

In its plea, UIDAI submitted more than 60 crore residents have enrolled themselves for Aadhaar by providing their demographic and biometric information for civilian application only and sharing the data would endanger the fundamental rights of the citizens.

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