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A petition has been filed in the Supreme Court by activist Dr. Kalyani Menon Sen challenging the order of central government to link Aadhar cards with bank a/c and mobile numbers on the grounds of unconstitutionality. According to the petition the order equates the citizens with money launderers and violates the fundamental rights of the citizens.
The petitioner has contented Rule 2(b) of the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 is in violation of Articles 14, 300A and 266 of the Constitution.
The given Rule makes submission of an Aadhaar Number mandatory for individual clients, companies, partnership firms and trusts for
According to the central governments order bank account holders have been directed to furnish Aadhaar Numbers before 31st December 2017 and non-compliance with the same will render bank accounts “inoperative indefinitely”. According to the petitioners “Non-compliance” have the same liability as Section 5 of the Prevention of Money Laundering Act (for involvement in money laundering), under which the account becomes inoperative on non-compliance.
Further the petition alleges that the order of DOT on March 23, 2017 which makes it mandatory to for all mobile phone holders to link their mobile phone numbers with Aadhaar before February 2018 is in violation of Article 300A of the Constitution. The right under the said article protects a person’s right to not be deprived of property, and non-compliance of the notification will lead to disconnection and hence the contravention of constitutional provision. The petition has raised various other grounds such as security of the biometrics and the risks associated with its misuse and on such grounds have prayed to declare the orders unconstitutional.
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