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Tuesday, June 27, 2017

SC Refuses to Issue Interim Order on Government Notification on Adhar card

The Supreme Court has refused to give an interim order on the government notification making Adhar mandatory for taking advantage of various schemes related to social welfare.

Judge AM Khanvilkar and Justice Naveen Sinha's retardant bench said that on the basis of the apprehension of the petitioners that if the Aadhaar card is not available, the government can deprive the people of availing various social welfare schemes.

The bench referred to the order issued by the apex court on July 9, in which the legitimacy of the provisions of the Income Tax Act was retained which makes it mandatory for filing PAN cards and tax returns. Although the apex court imposed a partial ban on its implementation till constitutional backs see the issue of the right to privacy.

The bench said that considering the remarks made in paragraph 90 in the judgment on June 9 in the matter, further observation is not required. During the hearing, Additional Solicitor General Tushar Mehta told the bench that for the people who have no access to various social welfare schemes, the center has extended the deadline from June 30 to September 30.
Senior Advocate Shyam Diwan, appearing on behalf of the petitioners, asked the court to give this direction to the Center that the beneficiaries of different social welfare schemes should not be deprived of benefits due to lack of basis. The bench, while deciding the matter for hearing on July 7, told the Dewan that no interim order can be passed on the basis of only apprehensions. You have to wait a week.

If someone is deprived, then you can give the same information to the same court. The apex court was hearing three separate petitions challenging the government notification making it mandatory for taking advantage of various schemes related to the welfare of the society.

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