File affidavit on Aadhaar card deactivation PIL: Calcutta HC

Kolkata: The Calcutta High Court on Thursday directed the Centre to file an affidavit on the PIL alleging deactivation of Aadhaar cards of people by the authorities concerned.

A Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya directed the Centre to file the affidavit within three weeks stating its position on the allegation made in the PIL, which claimed that Aadhaar cards of people were being deactivated in an arbitrary manner using provisions under Section 28A of the Aadhaar Act.

However, the Additional Solicitor General (ASG) Ashoke Chakrabarti questioned the maintainability of the PIL stating that no individual case of any person affected by such a deactivation has been cited in the petition.

The ASG submitted that Section 28A of the Aadhaar Act was incorporated for foreigners who have been illegally using the Aadhaar cards.

“In collusion with some departments, they are obtaining the cards and this is creating a national security problem,” he said.

The petitioner’s counsel Jhuma Sen submitted: “It is out of the remit of Aadhaar Act. It is a colourable legislation. It is manifestly arbitrary. Inserted in a capricious and highly irregular manner. Let notice be issued.”

Directing the petitioner to file their affidavit a week after that, the Division Bench said that the matter will be taken up for hearing again on April 25.

The PIL was filed by an organisation named Joint Forum against NRC. Section 28A of the Aadhaar Act provides that a foreign national’s Aadhaar number may be deactivated upon expiry of the period of

validity of their visa for stay in India or where the authority is satisfied that such a foreign national does not fulfil the requirements for his entry into or stay in India under the provisions of Passport Act.