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HC bars Govt from issuing orders insisting for Aadhaar card 10/4/2016 10:20:45 PM Early Times Report srinagar, Oct 4: The Jammu and Kashmir high court today ordered government from issuing orders, insisting for Aadhaar card till the issue is decided by the Supreme Court. A division bench of court comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey passed the order on a fresh Public Interest Litigation filed by a lawyer, Advocate Syed Musaib. The Supreme Court as well as the high court has held that till the pendency of the orders to be passed by the apex court, the possession of Adhaar cannot be made compulsory by the government. "In light of the orders passed, there shall be interim stay of ordering in soasfar insisting for Aadhaar card is concerned," the division bench said and issued notice calling for government's response to the fresh PIL. . In the PIL, the petitioner has challenged what he called the "arbitrary, capricious and unlawful" order by the government on September 1. As per the Part (i) of the order (OM No: GAD (Adm) 175/2006-Part file), the government has made procurement of Aadhaar card mandatory for Government employees. "It is in clear contravention of the Constitutional-bench order of the Hon'ble Supreme Court in Justice K.S Puttaswamy (Retd) & Anr. V. Union of India & Ors (2015 10 SCC 92) as well in violation of the previous Three Judge Bench order (2015 8SCC 735) dated 11.08.2015, in the same manner and also violative of Article 14 of constitution of India as applicable to State of J&K," the petitioner said. Earlier, the High Court quashed similar government order that made Aadhaar card mandatory for government employees to draw various entitlements, including salary. Disposing of a Public Interest Litigation, the division bench had said that the government's order (No 35 of 2016) on February 10 this year was in violation of the Supreme Court's ruling. "From the perusal of the Supreme Court order dated 15-10-2015, it is evident that matter was referred to the Constitution Bench for final hearing, making it clear that Aadhaar card scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other," the high court had said. The high court had asked the government to "strictly" follow the apex court's interim orders given on March 29, 2013. "It is beyond doubt that the government order issued cannot be sustained as it is in violation of the interim orders passed by the Supreme Court," the division bench had said and quashed the order (No. 35-F of 2016 dated 10-2-2016) with a liberty to the government to issue a fresh order in compliance with the interim orders passed by the apex court relating to foods grains, cooking fuel such as kerosene, and for the purpose of the LPG distribution scheme.   Share This News with Your Friends on Social Network     Comment on this Story

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