Thread by @prasanna_s

#Aadhaar rejoinders commence. Shyam Divan begins for petitioners. Thread.

SD says he wants to reiterate many agreements between P and R.

1. This an immensely large project.
2. First such attempt in a democracy.
3. Surveillance is unconstitutional. (Although R disagree that aadhaar creates a surveillance state).

SD refreshes the memory by citing to @samirkelekar and Jt Dsouza affidavits and shows how Union filed an affidavit by Prof. Manindra Agarwal as late as 9th March. He wants to read that affidavit first.

CEO talked glowingly about him, a Godel prize winner.

SD: Surveillance is complete once identity, date and time and location are collected regularly.

SD wants to read the report by Prof. Manindra Agarwal.

Emphasises how it clearly says how the verification logs track the individual's transactions.

Explains how experts from both the sides agree how surveillance is possible.

DYC J says that perhaps Mr. Agrwal is trying to suggesr there is a limitation on privacy anyway in a digital age.

SD says his point is that of a limited government issue. How far does the coercive power of state extend?

SD says darkness is not going to descend tomorrow. But if this system to operate for years together, it causes chilling effect completely destructive of freedom.

SD now goes to Slide 14 of @ceo_uidai presentation.

Emphasises traceability

SD: kelekar, Dsouza, Agrawal and Pandey ...all agree how there is full traceability in all authentication transactions.

SD: The submission by Mr. Dwivedi that UIDAI is autonomous and will not give access to the government is immaterial. No state instrumentality can establish such a mass surveillance regime.

SD: Hopes in 2018 the Supreme Court of India would not usher in a surveillance technology, irrespective of its technical brilliance. Part 3 rights are far too valuable to be subjected to that.

SD: this is a case of emperor with no clothes. It doesn't matter that he has a great castle.

SD: Comes to the balancing of rights v collective. Says once a surveillance is established, no balancing applies. Thats a threshold too far.

SD: Distinguishes Koodankulam case where it was a technology we had tested for 60 years and also had been applied elsewhere. The dangers here are far greater. In terms of impairment to freedom and chilling effect.

DYC J and Sikri J ask about the balancing of rights vis-a-vis other rights such as right to food. DYC J refers to @ZohebHossain submissions on positive obligations of the state and says that is indeed the heart of the matter.

There is a light discussion between CJI and SD on how SD filed returns without aadhaar. SD said he just did it before the deadline so he could. Also points to how @ZohebHossain also got his aadhaar only last week.

SD then goes to answers provided by the CEO to questions.

Document here: drive.google.com/a/advocatepras…

Points to how they are all yes/no questions he asked and yet long winded answers had been given.

SD harbours on how UIDAI do not verify and do not take responsibility for the identity.

SD: Aadhaar is the largest self certification based identity.

SD: Court will have to consider the implications for opening a bankaccount, passports.

SD: Refers to multiple questions on UIDAI being reliant on loose sources.

SD digresses and points out how even for authentication failure rate question has been evaded by UIDAI.

SD then points to the question on whether there is verification if the person is an illegal immigrant. Clarifies that he refers to it only because there was an order by this Court on 23.09.2013.

How UIDAI took no steps to comply with the orders of the Court for all their...

...attempts in the morning about the greatness of Court orders. (Also asks if the Court had been following the background check on Lokniti foundation news reports. DYC J smiles)

Bench rises for the day.