Points out Selvi case which said that taking of fingerprints is invasion.
DYC J. asks for credible documents to show to what extent the private parties had access to the database...
DYC J: Asks what is biological attribute. Could DNA be biological attribute?
GS replies in affirmative.DYC J. says that the definition is open-ended then
DYC J. Says that the govt. can't be expected to keep a track of all the changes.
GS replies that demographic is another thing, but how will an individual...
GS points out that an authentication failure is viewed as the person being a ghost, fake nowadays.
Further says that whether mobile phones, banks, income tax get covered under this section. Says that it has gained creeping coverage.
Says Section 4(3) proves the Act is for universal coverage and thus, is ultra vires of Constitution.
Remarks that liberty cannot be measured in coffee-spoons.
Refers to Wilson affidavit.
Talks about babies being enrolled into Aadhaar. Says we shouldn't ever go down that way.
Says that in Jharkhand, exclusion is as high as 49%.
Further refers to several affidavits from excluded people.
2. Data is with L1 even though UIDAI may have ownership.
3. It can subject it to such use, analysis as may be required.
COURT MUST GRANT EXEMPLARY DAMAGES AND COMPENSATION TO THOSE WHO LOST LIVES OR OTHERWISE EXCLUDED.
Requests the court to extend the deadlines as had been mentioned in its order dated 15th December, 2017 since the matter is still pending.
CJI recommends that he submit a note on points to be covered and then elaborate on those 6th March onwards.