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Recently, a nine-judge constitution bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.
Some petitioners in the top court have termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as “illegal and unconstitutional”.
They also objected to the CBSE's alleged move to make Aadhaar card mandatory for students appearing for examinations, a contention denied by the Centre.
One of the counsel representing the petitioners had earlier said that final hearing in the main Aadhaar matter, which is pending before the apex court, was necessary as the government “cannot compel” citizens to link their Aadhaar with either bank accounts or cell phone numbers.
The Supreme Court on Thursday agreed to hear a petition challenging the constitutional validity of the Aadhaar Act on 3 November, Friday.
The matter was mentioned before a bench headed by Justice J Chelameswar and the counsel representing the petitioner sought an urgent hearing, saying similar pleas were already listed for hearing before the apex court tomorrow.
Karnataka-based Mathew Thomas has moved the top court challenging the constitutional validity of the Aadhaar Act claiming that it infringes upon the Right to Privacy and the biometric mechanism was not working properly.
On 30 October, a bench headed by Chief Justice Dipak Misra had said that a Constitution bench would be constituted and Aadhaar-related matters would come up for hearing before it in the last week of November.
Hearing on pleas challenging Aadhaar identification has begun in the Supreme Court. Justices Arjan Kumar Sikri and Ashok Bhushan will be presiding over the matter.
The SC bench asked banks and telecom companies to not message and create panic among their customers saying that their bank accounts and phone numbers would be deactivated if not with Aadhaar.
The bench asked the central government to direct companies and banks to include the deadline for linking mobile numbers and bank accounts to Aadhaar in their messages. Justice Sikri told the Court that even the judges are receiving such messages.
The last date for linking bank accounts to Aadhaar is December 31 and that for linking mobiles to Aadhaar is February 6
The Supreme Court refused to pass an interim stay on linking of Aadhaar with mobile numbers and bank accounts. The bench also observed that the petitioners could raise all issues before another bench which would commence the final hearing on Aadhaar-related matters in the last week of November.
The Aadhaar matter hearing in the Supreme Court on 3 November, Friday witnessed some lighter moments when Justice A K Sikri said even he has been receiving messages from mobile service providers and the banks to link his account and phone number with Aadhaar. The bench asked banks and telecom companies to not message and create panic among customers.
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