Aadhaar data leaked, but not from UIDAI, Centre tells SC

May 4, 2017

New Delhi, May 4: Maintaining that no technology is foolproof, the Centre on Wednesday admitted before the Supreme Court that Aadhaar card holders’ data was leaked.

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The Union government, however, asserted that the leak was not from the UIDAI’s end. A batch of petitions against the decision to link PAN with Aadhaar cards in filing Income-Tax returns, however, questioned the move, saying it was in complete collision due to repeated claims by the government that Aadhaar is voluntary.

Advocate Arghya Sengupta, arguing for the Centre, submitted before a bench of Justices A K Sikri and Ashok Bhushan that the leakage was by various other government departments and state agencies. He said the leakage could have occurred on account of lack of balancing transparency and data protection concerns.

His response came as the bench cited reports in the newspapers on Wednesday about leakage of Aadhaar data. The counsel said there could be some errors here and there, but the UID remains the most sophisticated and authentic biometric system.

He said that the legislature was competent to enact Section 139AA, which was inserted in the Income Tax Act under the Finance Act, 2017. “There is no absolute right to informational self-determination,” Sengupta said.

“The issue was not about discriminating between people on the basis of their having Aadhaar, but the purpose for UID was to prevent duplication and to ensure targeted delivery of services to the identified sections,” he said.

He said the government may replace PAN with Aadhaar if such a need arises. During the hearing, the bench asked, “...in a tax regime, one cannot say that he will not pay tax. The question is, a person is ready to pay tax, whether he can say that I will pay tax in the manner I want.”

Senior advocate Shyam Divan, appearing for the petitioners, said the Centre cannot wash its hands off by saying that UIDAI was not leaking data. “The law says life and body is paramount and if the fingerprints of an individual are stolen, it might end his identity,” he said. The arguments will continue on Thursday.

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News Network
April 25,2024

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The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 22,2024

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The BJP has opened its account in the ongoing Lok Sabha elections. The party's candidate from Gujarat's Surat constituency, Mukesh Dalal, has won the polls as all his opponents are now out of the fray.

BJP's Mukesh Dalal elected unopposed from the Surat Lok Sabha seat after all other candidates withdrew from the contest, the party's Gujarat unit chief CR Paatil said today. Today was the deadline for withdrawing nominations.

The nominations of the Congress party's Surat candidate and his substitute were rejected by the returning officer over alleged discrepancies in paperwork, a development that the Congress called an attempt at "match-fixing".

"Surat has presented the first lotus to Prime Minister Narendra Modi. I congratulate our candidate for Surat Lok Sabha seat Mukesh Dalal for getting elected unopposed," Mr Paatil posted on the microblogging website X, referring to the BJP's election symbol.

Eight candidates - seven of them independents - and Pyarelal Bharti of the Bahujan Samaj Party (BSP) withdrew their papers.

The nomination papers of the Congress's Surat candidate Nilesh Kumbhani was rejected on Sunday after the district returning officer Saurabh Parghi found discrepancies in the signatures of the proposers.

The nomination form of Suresh Padsala, the Congress's substitute candidate from Surat, was also found invalid.

The returning officer had said the four nomination forms submitted by the two Congress candidates did not appear genuine. The proposers, in their affidavits, had said they had not signed the forms themselves, the returning officer said in the order.

Congress lawyer Babu Mangukiya said the party will approach the high court and the Supreme Court for relief.

Congress leader Jairam Ramesh in a post on X said the Surat developments indicate "democracy is under threat". "Our elections, our democracy, Babasaheb Ambedkar's Constitution - all are under a generational threat. This is the most important election of our lifetime," Mr Ramesh said.

Mr Ramesh alleged the "distress" of micro, small and medium enterprise (MSME) owners and the business community in PM Modi's "Anyay Kaal" and their anger have "spooked the BJP so badly that they are attempting to match-fix the Surat Lok Sabha polls, which they have won consistently since the 1984 Lok Sabha elections."

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