New Delhi: The Supreme Court on Tuesday refused to stay the government notifications that makes it mandatory to furnish Aadhaar cards from July 1 to avail social security benefits, including availing scholarships, right to food and mid-day meals.
A vacation Bench of Justices A.M. Kanwilkar and Navin Sinha declined to pass any interim order taking note of the submissions of additional solicitor general Tushar Mehta, who appeared for the Centre that the cut-off date for those who do not possess the Aadhaar card has been extended till September 30. He assured the court that no one will be deprived of the benefits as they could avail the same by furnishing alternate identification documents like voter id, driving licence and Pan card.
Justice Kanwilkar told senior counsel Shyam Divan, who was appearing for the petitioners Shantha Sinha and others, “The Centre itself is saying nobody will be deprived of benefits. Heavens will not fall if we do not stay the notification. Such interim orders cannot be passed on mere apprehensions that somebody will be deprived of benefits. Show us some case that children were denied midday meals for non-possession of Aadhaar. Can you show us any proof that people have been deprived of benefits since February 8 when the notifications were issued? Find out how many children have been denied midday meals for the lack of Aadhaar.”
Justice Kanwilkar also told counsels Mr Divan and Vipin Nair that if they insist on an interim order, the court will have to hear the preliminary objections of the ASG that the matter has to be heard by a five-judge Constitut-ion bench, and that two judges can’t pass an order. Further, the June-9 order has also partially stayed the notification to link Aadhaar with Pan.
The bench, granting time to the Centre to file its reply to the petitioners’ rejoinder, posted the matter for hearing on July 7.
The petitioners had challenged the Centre’s notifications, insisting on Aadhaar card before June 30 for availing various benefits, including midday meal, scholarships, admission and domestic air travel.
