SMS Aadhaar link dates too: Supreme Court

Petitioners say alerts are creating fear of immediate freeze.

Update: 2017-11-03 19:07 GMT
Supreme Court of India

New Delhi: The Supreme Court on Friday directed banks and mobile service providers to indicate in the SMS messages being sent to customers the deadline of December 31, 2017, and February 6, 2018, for linking of bank accounts and mobile numbers respectively so that they are not scared.

A Bench of Justices A.K. Sikri and Ashok Bhushan gave this direction when it was brought to the court’s notice that banks and telecom service providers were threatening customers that their banks accounts would become dormant and that they would not be able to use their mobile phones.

Justice Sikri told Attorney General K.K. Venugopal, “Initially I did not want to say because the Press is here. But I am also receiving messages to link bank account and mobile number.”

Taking note of Mr Venugopal’s submission that all petitions relating to the validity of Aadhaar have been posted before a five-judge Constitution bench for final hearing in the last week of November, the bench refused to stay the linking of Aadhaar with bank accounts, mobile numbers and for availing social security benefits where they have been made mandatory.

The bench gave liberty to the petitioners to approach the Constitution Bench for interim orders if there was delay in hearing the matter. The Bench was hearing hearing petitions filed by Dr. Kalyani Menon and others challenging the order to link mobile numbers and bank accounts. 

Government willing to extend deadline, SC told
Senior counsel Shyam Divan, Arvind P. Datar and K.V. Viswanathan said the messages being sent gave an impression that the bank account or mobile number will be immediately frozen. 

The AG said the issues will be dealt with by the Centre through a data protection regime to be in place as mandated by the Right To Privacy judgement and a committee was looking into the issues in earnest and a report was expected by March 31, 2018. The Aadhaar law would be amended based on the recommendations of the Committee. 

He said the Centre was willing to extend the deadline from December 31, 2017 to March 31, 2018 if the final hearing was not possible in November.

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