"State Seeking Aadhaar Details 'A Clever Ploy'": Telangana High Court Orders Deletion Of Aadhaar, Caste Details Clause From Properties Registration
"Permitting such a clever ploy is to permit the litigant to take the Court out for a ride, and to befool the Court."
Pulling up the Telangana State Government for violating its undertaking submitted in the Court that it wouldn't insist on Aadhaar and other details, the Telangana High Court on Wednesday (16th December) directed the state government to delete Aadhaar, caste and relevant references from its software meant for the registration of properties. The division bench of Chief Justice...
Pulling up the Telangana State Government for violating its undertaking submitted in the Court that it wouldn't insist on Aadhaar and other details, the Telangana High Court on Wednesday (16th December) directed the state government to delete Aadhaar, caste and relevant references from its software meant for the registration of properties.
The division bench of Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy specifically observed,
"The State is seeking information through a clever subterfuge in the garb of slot booking, and in the garb of applying for PTIN. Such a clever ploy is clearly in violation of the undertaking given by the State befole this Court."
The matter before the Court
The Government of Telangana had, on Thursday (10th December), submitted before the Telangana High Court that it won't insist on submission of Aadhaar Details & Caste Declaration for non-agricultural property registration process.
This submission by the Telangana Government was made while seeking clarification from the Bench of Chief Justice Raghvendra Singh Chauhan and Justice B.Vijaysen Reddy as to whether the Court had, in an earlier order, stayed the registration of Non-Agricultural property throughout the State.
Further, the Court had permitted the Government to direct the people to register for the slot for the registration and only thereafter, to register their documents during the time provided by online slot.
Now, a petitioner filed I.A.No.12 of 2O2O. (in W.P. (PIL) No.248 of 2020) to submit that for registration and for slot booking, the Government issued a Manual called the 'Pre-Registration - Non-agriculture'.
It was further alleged that the Manual clearly reveals that for seeking a slot booking, certain sensitive personal information needs to be submitted by the concerned party.
The Senior Counsel appearing for the Petitioner submitted that in the garb of slot booking, the Government is insisting that the Aadhar Number of the seller, of the buyer, of the witnesses to the documents must be entered on online booking.
In order to buttress this plea, the Senior Counsel brought different parts of the Manual to the notice of the Court.
Moreover, it was shown to the Court that even in the 'User Manual for Pre-registration - Non-agriculture apply for PIIN (Property Tax Index Number)', while entering the details of the owner, 'Aadhar Number' was being insisted upon.
Therefore, according to the Senior Counsel, the Manual violated the undertaking given by the State Government to this Court (that it won't insist on submission of Aadhaar Details & Caste Declaration for non-agricultural property registration process) and it was stated that the undertaking given by the State was being violated by the State itself.
State's Submission
On the other hand, it was submitted by the State that 'an alternative work flow' has been provided for people who do not wish to disclose the Aadhar Card Number, caste details, or details of the family members, and their respective Aadhar Card Numbers.
Therefore, it was submits that "it is up to the people to give relevant details of their Aadhar Card Numbers, or of their family members" and according to state, it was not insisting that such information be given by the people.
Court's observations
Firstly, the Court remarked that the State was not justified in claiming that it is not violating its undertaking by permitting the persons to share sensitive personal data on a voluntary basis.
Secondly, while noting that "once the said undertaking was given by the State, the State is required to modify the Manual for seeking the slot booking, and for seeking the PIN", the Court said,
"A bare perusal of the Manual for seeking the slot clearly reveals that the Aadhar Card Number of the buyer, of the seller, of the witnesses, is being insisted upon."
Importantly, the Court said,
"Through clever ploys of slot booking, and for PIIN, the same information is being sought, and is being insisted upon by the State. Such subterfuge certainly cannot be permitted by this Court. For, permitting such a clever ploy is to permit the litigant to take the Court out for a ride, and to befool the Court. Therefore, such subterfuge is highly deprecated by this Court."
Lastly, the Court directed that seeking of the slot booking and the seeking of the PTIN under the User Manual shall not be insisted upon by the Government till all references to the Aadhar Card details are deleted from the User Manual, for slot booking, and PTIN, and from the Software.
The Court also directed that while registering the documents, the Registering Authority shall not insist on the revealing of the Aadhar Card Number and in case, the identity of the person needs to be established for the purpose of registration, the Registration Authority may insist on any other proof of the person's identity through any official documents.
The State was further directed to delete the columns asking for the names of the family members, and their respective Aadhar Card Numbers, and for asking for the caste/social category.
Case title - Saaketh Kasibhatla, v. The State of Telangana and others along with connected petitions
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