New Plea In SC Challenging Mandatory Requirement To Link Aadhaar To Bank Account, Mobile Number [Read Petition]

A petition has been filed in Supreme Court challenging the mandatory rule to link Bank account and mobile number to Aadhaar number.

It raised issues which endanger Fundamental Rights of citizens of India, protected under Articles 14, 19 and 21 of the Constitution.

The petition filed by feminist researcher and activist Kalyani Menon is likely to be heard immediately after the Diwali break of the apex court.

“The present petition challenges Rule 2(b) of the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 which seeks to amend Rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 (‘PMLA Rules’) which have been issued under the Prevention of Money-laundering Act 2005 (hereinafter, “PMLAAct”)” said the petition filed through Advocate-On-Record Vipin Nair

By virtue of the Impugned Provision, submission of an Aadhaar Number has been made mandatory for individual clients, companies, partnership firms and trusts for opening of bank accounts; maintaining existing bank accounts; making any financial transactions of and above Rs. 50,000; and crediting foreign remittance into ‘small accounts’. Existing bank account holders have been directed to furnish Aadhaar Numbers before 31^stDecember 2017. Non-compliance with the Impugned Provision will render the concerned bank accounts in-operational indefinitely, subject to submission of the Aadhaar Number and the Permanent Account Number.

The petition further seeks to challenge the Circular dated 23.03.2017 ssued by the Department of Telecommunication wherein it has been made mandatory for all mobile phone holders to link their mobile phone numbers with Aadhaar.

THE PRAYERS

a)This Hon'ble Court may be pleased to issue an appropriate writ, order or direction in the nature of a mandamus to declare that impugned Circular dated 23.03.2017 issued by the Department of Telecommunication is ultra vires, unconstitutional, null and void and in particular violates Articles 14, 19 and 21 of the Constitution of India;

b)This Hon'ble Court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus declaring that pursuant to the Impugned Circular the mobile phone numbers of subscribers will not be made in-operational, and future applicants will not be coerced to submit their Aadhaar Numbers;

c)This Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus against the Respondents directing them to forthwith forbear from implementing or acting pursuant to or in implementation of the Impugned Provision and Impugned Circular.

d)This Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus against the Respondents directing them to forthwith clarify by issuing appropriate announcements, circulars and/or directions that no citizen of India is required to obtain an Aadhaar Number/Aadhaar card and that the program under the Aadhaar Act is entirely voluntary;

e)This Hon’ble Court may be pleased to declare that body of the Petitioner and other such citizens belongs to themselves and not to the State.

f)This Hon’ble Court may be pleased to declare that the control and dominion over the biometric and personal information in respect of the Petitioner’s body more specifically fingerprints and iris scans are the personal property of the Petitioners.