(Dipak Misra, C.J. and A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan, JJ.)
Justice K.S. Puttaswamy (Retd) & Anr. ________________ Petitioner(s)
v.
Union of India & Ors. _____________________________ Respondent(s)
Writ Petition (Civil) No. 494/2012, decided on March 13, 2018
With
T.C.(C) No. 151/2013 (XVI-A), T.C.(C) No. 152/2013 (XVI-A), W.P.(C) No. 833/2013 (PIL-W), W.P.(C) No. 829/2013 (PIL-W), T.P.(C) No. 1797/2013 (XVI-A), W.P.(C) No. 932/2013 (PIL-W), T.P.(C) No. 1796/2013 (XVI-A), Conmt. Pet.(C) No. 144/2014 In W.P.(C) No. 494/2012 (PIL-W), T.P.(C) No. 313/2014 (XVI-A), T.P.(C) No. 312/2014 (XVI-A), SLP(Crl) No. 2524/2014 (II-A), W.P.(C) No. 37/2015 (PIL-W), W.P.(C) No. 220/2015 (PIL-W), Conmt. Pet.(C) No. 674/2015 In W.P.(C) No. 829/2013 (PIL-W), T.P.(C) No. 921/2015 (XVI-A), Conmt. Pet.(C) No. 470/2015 in W.P.(C) No. 494/2012 (PIL-W), W.P.(C) No. 231/2016 (PIL-W), Conmt. Pet.(C) No. 444/2016 in W.P.(C) No. 494/2012 (PIL-W), Conmt. Pet.(C) No. 608/2016 in W.P.(C) No. 494/2012 (PIL-W), W.P.(C) No. 797/2016 (PIL-W), Conmt. Pet.(C) No. 844/2017 in W.P.(C) No. 494/2012 (PIL-W), W.P.(C) No. 342/2017 (PIL-W), W.P.(C) No. 372/2017 (X), W.P.(C) No. 841/2017 (X), W.P.(C) No. 1058/2017 (PIL-W), W.P.(C) No. 966/2017 (PIL-W), W.P.(C) No. 1014/2017 (PIL-W), W.P.(C) No. 1002/2017 (PIL-W), W.P.(C) No. 1056/2017 (X), Conmt. Pet.(C) No. 34/2018 in W.P.(C) No. 1014/2017 (PIL-W)
The Order of the court was delivered by
Order
1. Mr. P. Chidambaram, learned senior counsel appearing for the petitioner in W.P.(C) No. 231/2016 concluded his arguments. Mr. K.V. Viswanathan, learned senior counsel for the petitioner in W.P.(C) No. 833/2013, who has commenced his arguments has assured that he will finish his arguments by 1.00 p.m. tomorrow.
2. Mr. Arvind Datar, learned senior counsel has brought to our notice that a set of Rules, namely, the Passports (1st Amendment) Rules, 2018 has been introduced which has conceived of Passport under “Tatkal” Scheme. There has been a distinction between the earlier one and the present one. Mr. Arvind Datar and Mr. Shyam Divan, learned senior counsel appearing for the petitioners submitted that the interim order passed by this Court on 15.12.2017 should be extended, and also it should cover the arena relating to the grant of Passports. On a query being made, Mr. K.K. Venugopal, learned Attorney General for India submitted that this Court may think of extending the interim order. However, the benefits, subsidies and services covered under Section 7 of the The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 should remain undisturbed. We accept the same.
3. Having heard learned counsel for the parties, we accept the submission made by the learned Attorney General. Subject to that, we direct that the interim order passed on 15.12.2017 shall stand extended till the matter is finally heard and the judgment is pronounced. That apart, the directions issued in the interim order shall apply as stated in paragraphs 11 to 13 in the said order. For the sake of clarity, we reproduce the said paragraphs which read as under:—
“11. In terms of (iii) above, subject to the submission of the details in regard to the filing of an application for an Aadhaar card and the furnishing of the application number to the account opening bank, we likewise extend the last date for the completion of the process of Aadhaar linking of new bank accounts to 31 March 2018.
12. In terms of (iv) above we extend the date for the completion of the E-KYC process in respect of mobile phone subscribers until 31 March 2018.
13. Consistent with the above directions, we also direct that the extension of the last date for Aadhar linkage to 31 March 2018 shall apply, besides the schemes of the Ministries/Departments of the Union government to all state governments in similar terms. As a consequence of the extension of the deadline to 31 March 2018, it is ordered accordingly.”
4. It is also directed that the same shall also control and govern the Passports (1st Amendment) Rules, 2018.
5. Let the matter be listed tomorrow (14.3.2018).
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