Calcutta HC Directs Centre to Respond on PIL Alleging Aadhaar Cards Deactivation

The Calcutta High Court on Thursday directed the Centre to filed an affidavit regarding a Public Interest Litigation (PIL) alleging the deactivation of Aadhaar cards by relevant authorities.

Additional Solicitor General (ASG) Ashoke Chakrabarti raised concerns about the maintainability of the PIL, asserting that the petition did not cite individual cases of persons affected by such deactivations.

A bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya directed the Centre to furnish the affidavit within three weeks, elucidating its stance on the allegations outlined in the PIL. The PIL contended that Aadhaar cards were being deactivated arbitrarily, utilizing provisions under Section 28A of the Aadhaar Act.

Directing the petitioner to file their affidavit one week thereafter, the division bench scheduled the matter for next hearing on April 25, 2024.

The ASG contended that Section 28A of the Aadhaar Act exclusively pertains to foreign nationals. He highlighted that such individuals were illegally acquiring Aadhaar cards in collusion with certain government departments, posing significant national security concerns for authorities.

Counsel for the petitioner, Jhuma Sen, argued that the provisions for Aadhaar card deactivation under Section 28A fell beyond the scope of the Aadhaar Act and were arbitrary in nature.

The PIL was filed by an organization called the Joint Forum against National Register of Citizen (NRC).

Section 28A of the Aadhaar Act stipulates that a foreign national’s Aadhaar number may be deactivated upon the expiry of their visa validity period for stay in India, or if authorities determine that the individual does not meet the requirements for entry or stay in India under the provisions of the Passport Act.