Karnataka High Court
Unique Identification Authority Of ... vs Narayana. B on 3 October, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:35661
WP No. 6723 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 6723 OF 2023 (GM-RES)
BETWEEN:
UNIQUE IDENTIFICATION AUTHORITY OF INDIA
BY THE DEPUTY DIRECTOR,
NO. 49, 3RD FLOOR, SOUTH WING,
KANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560 001.
...PETITIONER
(BY SRI H. SHANTI BHUSHAN, DEPUTY SOLICITOR GENERAL OF INDIA)
AND:
1. NARAYANA. B
S/O. L. T. BETTEGOWDA,
AGED ABOUT 65 YEARS,
OCC:AGRICULTURIST,
ADDRESS: HONNALAGERE VILLAGE,
Digitally signed KASABA HOBLI,
by MADDUR TALUKA,
NARAYANAPPA MANDYA DISTRICT-571 428.
LAKSHMAMMA
Location: HIGH 2. JAYACHANDRA BABU. H. N.
COURT OF S/O. NARAYANA. H. B.,
KARNATAKA
OCC: SERVICE,
AGED ABOUT MAJOR,
ADDRESS: HONNALAGERE VILLAGE,
KASABA HOBLI,
MADDUR TALUKA,
MANDYA DISTRICT-571 428.
3. STATE OF KARNATAKA
ASHOK NAGAR POLICE STATION,
BENGALURU,
REP. BY STATE OF PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
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NC: 2023:KHC:35661
WP No. 6723 of 2023
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
4. STATE OF KARNATAKA
HALSURGATE POLICE STATION,
BENGALURU-560001,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R3 & R4;
VIDE ORDER DATED 03.10.2023 NOTICE TO R1 & R2 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
FO THE CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDER
DATED 23.09.2022, qua, DIRECTION PASSED AT PARAGRAPH
No.7.10 IN THE WRIT PETITION No.8524/2019 (GM-RES)
(ANNEXURE-A), AND VACATE THE SAME ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Notice to respondents No.1 and 2 is dispensed with in view of the order proposed to be passed.
2. Learned AGA is directed to accept notice for respondents No.3 and 4.
3. The petitioner is before this Court seeking for the following reliefs;
i. Call for records of W.P.No.8524/2019 (GM-RES), on the file of this Hon'ble Court; ii. Review the Order dated 23.09.2022, qua, direction passed at Paragraph No.7.10 in the Writ Petition -3- NC: 2023:KHC:35661 WP No. 6723 of 2023 No.8524/2019 (GM-RES) (Annexure-A), and vacate the same.
iii. Pass such order and/or direction as this Hon'ble Court deems fit in the interest of justice and equity.
4. This Court vide its order dated 23.9.2023 in WP No.8524/2019 at para 7.10 had directed as under;
"7.10. The UIDAI to provide and equip all courts with necessary equipment and software to authenticate the identity of the surety using the Aadhar card".
5. The submission of Sri.Shanthi Bhushan., learned DSGI is that the UIDAI does not provide any equipment to any authority and that it was for any authority or entity wanting to make use of the UIDAI platform for the purposes of authentication or identity or otherwise to secure and procure such equipment.
6. He submits that in terms of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 any authority or entity or the like wanting to avail any UIDAI platform for Aadhaar authentication would be required to submit -4- NC: 2023:KHC:35661 WP No. 6723 of 2023 an application in the prescribed form to the prescribed authority in terms of the format application produced at page 29 to the review petition.
7. He submits that once such an application is submitted the concerned authority would consider the same and pass necessary orders and whenever any representation is submitted by the State Government or an institution like a Court more often than not the same is favorably considered and the services under the UIDAI platform made available to the State Government and or the court.
8. In the present case since such services are required for verification of the identity of a surety in a Court proceedings, it is only the form which is required to be submitted and substantially the petitioner has no objection to and would infact consider the application favorably, permitting such authentication and providing services subject to all the equipment being provided either by the State or by the Court. -5-
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9. In view of the above submission, learned AGA submits that if any particular procedure is required to be followed the same would be followed and complied with.
10. In view of the submissions made by learned DGSI and learned AGA what is required to be done by this Court is only a clarification of para 7.10 of the order dated 23.9.2022 and as such the same is clarified as under;
10.1. The Principal Secretary, e-Governance Department shall make an application under Rule 4 of The Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 to the Secretary Ministry of Electronic and IT in the prescribed form requesting for Aadhaar authentication services in any Court proceedings within a period of four weeks from the date of receipt of copy of this order.
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NC: 2023:KHC:35661 WP No. 6723 of 2023 10.2. The said application once received by the Secretary, Ministry of Electronic and IT, it would consider the same favorably within a period of eight weeks of such submission. 10.3. The necessary equipment to be provided to the Courts in terms of the applicable scheme with applicable contribution by State and the Central Government within a period of 90 days thereafter and entire system to be made operational including implementation of software and hardware within a period of six months from the date of receipt of copy of this order.
11. The Writ Petition is disposed of with the above clarification. This order shall be read in conjunction with the order dated 23.9.2022. This order to also be uploaded along with the above order.
Sd/-
JUDGE SR