1. Premani pension transferred to someone else. Noone was aware until his investigation happened. Because the other person's aadhaar was linked to Premani's Aadhaar. (The NPCI mapping problem, which is now quite famous.) ...
DYC J points to the leprosy affidavit and how by the very nature they have no fingerprints or erased or distorted fingerprints. SD thanks him and reads the leprosy affidavit.
1. These go to the root of dignity and how dignity is denied to people.
2. In a democracy, they need to be given choices to do a basic thing like establishing identity.
DYC J asks about level of internet permeation in the country.
Kapil sibal shows a report of IndianExpress today...
SD sums up the dignity and how one-s own body is used against someone.
Meghalaya People's committee affidavit and Melroy Fernandes of Mangalore affidavits read.
He has annexed the six methods of hacking Aadhaar and storing and skimming biometrics.
SD denies and says that is the point in the affidavit. Points to how UoI keeps referring to how biometrics are fully safe, encrypted etc. If they are stored, they are replayed any...
A long discussion between Sikri J and DYC J.
1. Fingerprints cloneable.
2. Iris authentication bypassed by reverse engineering and modifying the UIDAI enrollment software.
SD asks why should any citizen trust this system? Trust is to be earned..not made mandatory by law.
SD says his last point is on false positives in biometric deduplication.
Says 6 crore and 23 lakh people have been denied aadhaar as a biometric deduplicate.
Says that figure is bigger than population of karnataka.
Says this is because of the false positives and it is a major problem.
Says how there are more children than what the attendance records states. Because other girls either donot have aadhaar or cannot authenticate.
SD then moves to philosophical aspects of body and the state.
SD says state cannot use person's body as her general purpose marker.
Rounds up with Mahatma Gandhi's views on Transvaal ordinance as being humiliating of individuals.
1. Personal autonomy extends to digital biometric info.
2. Trust. How the very fabric of constitution is based on faith on people. Aadhaar criminalises a whole people.
3. Rule of law and how the entire project...
Thanks the bench for an elaborate hearing.
Court rises for lunch.
KS begins by complimenting Shyam Divan on the passion and hardwork he has put in in this matter. Justice Sikri agrees. CJI smiles in agreement.
Every child and grandchild aadhaar number is sought to be taken.
1. Power of information is immense.
2. No more powerful tool than information.
Says likewise in India.
Aadhaar makes the individual more accountable!
It is the power of information that makes discoveries patentable, he says.
Sikri J : are you then saying we should do away with every technology.
KS: this is different because it transfers the power of information.
The process of enrolment and auth is procedurally unreasonable.
KS: This Bench is bound by 9-judge bench decision of St.Xaviers judgment where no condition can be made that abridges FRs.
Here most people's biometrics are frail.
With aadhaar all info is already extracted out of individuals...20 (3) is effectively wiped out.
1. Digital world more susceptible to manipulation than physical.
2. No personal data should be put to risk in the absence of technologically assured to be safe environment.
3. Such a level of assurance is impossible to obtain in the digital space.
5. The digital world is a vehicle to benefit the information economy.
6. The move from information economy to an architecture of...
KS: That is my argument. No power to make it condition precedent..S 57 is wholly unconstitutional.
KS: Problem arises because parallel legislations like income tax act, PMLA rules etc are amended to req aadhaar.
Says consent provision is fully illusory.
Where is the concept of a consent for kids?
We are creating a monolith. A system of no choice. An RTI Act for the state.
DYC J and Sikri J disagree.
KS invites them to interpret 8 such that it is not mandatory. But says aadhaar act is about aadhaar and not alternative modes of identification.
Sikri J observes that the presumption appears to be that every citizen is a money launderer.
Sikri J in conversation with DYC J and CJI.
KS says taking provision after provision it has got nothing to do with moneybill but @PChidambaram_IN will deal with it in detail.
KS: points to @PChidambaram_IN and says he will handle it because he knows more about money.
Sikri J: May be Money bill..but you know about Money too!
PC: Points to KS and says...
So the general principle of possibility if misuse being not a ground of challenge to legislation does not apply.
1. Long line of decisions where colourable exercise is not a ground of challenge and
2. Long line of decisions..
JS promises to deal with both.
Bench rises for the day.