Delhi High Court Halts Mandatory Aadhaar Attendance for Prosecutors
The Delhi High Court has temporarily suspended the requirement for public prosecutors to use Aadhaar biometric attendance.
Delhi High Court stays Aadhaar attendance order for prosecutors.
Petition filed by the Delhi Prosecutors Welfare Association.
Next hearing scheduled for December.
In a significant ruling, the Delhi High Court has issued a stay on the Delhi government's directive that mandated Aadhaar-enabled biometric attendance for public prosecutors, additional public prosecutors, and assistant public prosecutors. This decision came on Friday, following a petition filed by the Delhi Prosecutors Welfare Association, which raised concerns regarding the legality of the order.
The contentious order, originally issued on October 5 by the Director of Prosecution, required all prosecuting officers to register and mark their daily attendance through the Aadhaar Enabled Biometric Attendance System (AEBAS) starting October 12. The petitioners argued that this requirement infringes upon the right to privacy guaranteed under Article 21 of the Indian Constitution and is arbitrary as per Article 14. Additionally, they claimed that the directive contravenes the provisions of the Aadhaar Act, 2016.
The petition highlighted that prosecuting officers are appointed under Sections 18 and 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and their presence is already documented in judicial order sheets. The association had previously contested similar attendance circulars in court, leading to a directive from the High Court on August 17, which instructed the authorities to consider the petition as a representation and resolve it within four weeks. However, the hearing did not occur until September 15, exceeding the specified timeframe.
Moreover, the association criticized the Home Department for dismissing their representation on September 30 without providing justifications or addressing their concerns regarding Aadhaar authentication. Senior advocates, including N Hariharan and Ashish Mohan, represented the prosecutors association during the proceedings, emphasizing the need for a fair resolution of their grievances.
Looking ahead, the case is set to be heard again in December, where further arguments will be presented regarding the implications of the Aadhaar attendance requirement on the rights of public prosecutors. The outcome of this case could have significant ramifications for the legal community and the enforcement of biometric attendance systems in government sectors.
