Thread by @barandbench

#SupremeCourt is hearing a matter regarding cancellation of ration cards in Telangana

Bench: What were the grounds?

Counsel: They have grounds cited for general cancellation, but for me no specific criteria/ground cited. 21.94L cards cancelled which were given after verification by ration authorities.
One day say sorry, discontinued. Act of extreme cruelty, poor families rendered w/o cards.

Counsel: [Reads from written submissions] Total ration cards between 83-87, roughly a quarter then cancelled. When we protested lack of notice, their counter was NFSA there is no mention of notice needed
Natural justice means notice should be given. On Aadhaar, made mandatory

Counsel (Colin Gonsalves): State made it so misunderstanding Puttaswamy and Aadhaar Act

J Gavai: Let us see the observations of Puttaswamy

Gonsalves: Yes [reads]

Gonsalves: For dole, can start or stop no problem but

Bench: Let us see Section 7 [re proof of aadhaar]

Gonsalves: Majority here have it. Govt officials at ePOS centres, of number if little off or not connected you go. Impressions fail to show up, which Puttaswamy observes.

Gonsalves: Did all necessities, showed Aadhaar number to ration authorities, they checked everything and I cleared it. Without giving me a single reason for cancellation but.

[Reads from judgment re alternative means of verification]

Gonsalves: [Reads from written submissions as to NFSA Act] draw rations month after month, then one day it mysterious disappears. Only general reasons listed in computer, govt notification says you must check ground situation. one fine day you get up

#ration #RationDistribution

Gonsalves: and cancel without a single ground verification
Puttaswamy understood that everywhere internet won't work for seeding of Aadhaar w impressions
[Reads from judgment]

#RationDistribution #ration

Gonsalves: Aadhaar number of beneficiary should be seeded to avail benefits (reading)
Notifications say otherwise on insisting, yet you cancel on this basis

Gonsalves: Govt notification states that till Aadhaar assigned such beneficiary should not be denied on grounds of non possession, poor should thus not be denied ration (reading)
In rural areas your lordships have seen young people climbing to show internet connection fr seeding

Gonsalves: Complaints made by beneficiaries still pending since 2014.

Gonsalves: Applications pending since 2017-2018. They say in affidavit, fair price shop dealers are main source of bogus cards. Dealer creates bogus ones, 300-400, and draws ration from those to sell and make ends meet, State admits.

Gonsalves: So Genuine cards cancelled, bogus ones carry on and on.

Gonsalves: Why was my Aadhar number canceled? No reason.

On declaration not submitted, no one knows what this is. On ration form i sign or give thumb impression. Can easily sign declaration on field visit but nobody has any idea what it contains.

If bio-authentocation fails..

Gonsalves: they have demo authentication by thord parties. Parivar patr by village ...

It might happen that a number is wrongly typed, in which case you have to come and check

Gonsalves: [reads other grounds of Aadhar seeding issues]
In any case I passed the test, cleared everything, got card and ration.
Why should ration be deleted if one member of family dies? All this is qua any individual
They don't tell me about reasons, mismatch

Bench: 1 min

Gonsalves: Here's my record, what is bogus about family?
Can be deleted if dealer finds it bogus, or home is non existent or migrated. But come and check? This is v bad my lords.
If 1 person marries or migrated they cancel. If i go to husband's house, canceled.

Bench: Atleast card holder should know reasons so they can approach Authoritied. Let's ask them. What's you counter, reason for so many cancellations?

State Counsel: Pursuant to government orders,any cards increased also.

J Nageswara Rao: What is population of greater Hyderabad? More than a crore and +
Issuance of new cards not of benefit to those whose cards are cancelled, those new might have got. It's statutory point.

Nageswara: On not needing notice, can you deprive them of rations What is problem of notice before en masse cancellation? Without knowing it is bogus how canyou cancel unilaterally.

Counsel: want benefits to reach poor.
J Gavai: Have to separate grain from chaff.

J Gavai: He's right in saying that in village have to do diff typr of ground enquiry.

J Rao: Should have done this before cancellation. Internet, authentication problems so can't say not done at all.

Counsel: If sarpanch verifies then also cards granted.

Gavai: Where is the statement in this regard? That those not given cards can approach local authorities.

State Counsel: (reads) vast number of applications, will immediately go to field enquiry so their contention not correct.
Gonsalves: PDS done on 2011 census. Huge popn boon

Gonsalves: Hence the new cards. What we ask if liberty to conduct enquiry when canceled without notice

Bench: file affidavit from Chief Sexy that those whose cards cancelled can file written objections. But we cannot restore 21L cards.

Gonsalves: Objections will take time. They have village levels let them begin inspections immediately.

Bench: Have to give them an opportunity, don't say on basis of Aadhar since judgments says it's not mandatory.

State Counsel: 99% people have it. But its not needd fr ration

Bench: Means it's not mandatory.

State Counsel: [reads from affidavit]

Correction: *Chief Secretary

J Gavai: Any statement that verification was done at household before cancellation. Any visit to say if they are there?

J Rao: Please appreciate the Question. What is this? You will cancel and then verify all.

J Gavai: Like holding someone guilty then conducting trial.

State Counsel: So that consolidated fund money doens't go by fraud.

J Gavai: We appreciate that. But genuine persons should not be harassed.

J Rao: How would a person know on which parameter canceled? Min opportunity necessary.

J Rao: Can't just cancel like that en masse. 21L not en masse? Tell Chief. secretary to mention field verification pre cancelling.

State Counsel: HC hadn't gone into merits of case.

J Rao: We'll pass judgment to apply to entire country. You argue.

State Counsel: HC hadnt

J Rao: So if HC hadn't then ...
State Counsel: 17 criteria

J Rao: J Gavai asked you half a dozen times about this. Can't be your word.

J Gavai: You're reading your rejoinder for first time in court

Counsel: no no

J Gavai: If HC hasn't gone into fundamental rights questions then we should also close our rights?!

J Rao: You're very Frank you're saying that you did system check not on ground. That's what he's said that only computer had said.

J Gavai: We can then have computer only generate a judgment after noting your submissions.

J Rao: For cancellation no field enquiry?

State Counsel: They will see it with Aadhar card and can apply again.

J Rao: We don't appreciate this. How can you cancel and then say apply again.

J Gavai: Do field investigation and chief secy report or we'll pass order

State Counsel: They'll have bogus cards

J Gavai: No one for bogus cards

State Counsel: No Complaints received. Only Public interest litigators

J Rao: So? Everyone should move court? You've not been properly instructed.

J Rao: Do verification at stage of cancellation what's the problem?

State Counsel: Some got restored.

J Rao: Dealing with ration. Why can't you just verify.

Order: SLP filed because HC dismissed in cryptic order that no relief can be given in lieu of lockdown.

Writ filed in public interest for cancellation of 19L ration cards without notice in Telangana.

#RationDistribution #ration

Order: Hearing Senior Counsel Colin Gonsalves and adv Venkatraman
We deem it that Chief Secretary should file report about cancellationof ration cards. We direct State to conduct verification of all canceled cards pursuant to Central govt orders.

Order: Authorities are directed to conduct verification of all the cards and also deal with the representations referred by any aggrieved card holder whose card cancelled, expeditiously.

List after 2-3 weeks.

Gonsalves: Please say field verification.
Bench: Yes